H-1B Visa Duration: The General 6-Year Limit
Under U.S. immigration law (INA 214(g)(4)), individuals in H-1B status can stay in the U.S. for a maximum of six years. This includes an initial three-year period, with the option to extend for an additional three years. However, certain provisions allow H-1B holders to extend their stay beyond six years by:
- Recapturing time spent outside the U.S.
- Applying for an extension under the American Competitiveness in the 21st Century Act (AC21)
How Time in H or L Status Affects the 6-Year Limit
If you have previously held an H-1B, H-2, H-3, or L-1 visa, that time counts against your six-year maximum. The only exceptions are for dependents in H-4 or L-2 status. If you reach the six-year limit, you generally cannot obtain another H-1B visa until you have lived outside the U.S. for at least one year. However, brief trips to the U.S. in a different visa status (such as a tourist visa) do not restart the one-year clock.
Recapturing Time Spent Outside the U.S.
What Is Recapture Time?
Recapture time allows H-1B holders to reclaim days spent outside the U.S. during their six-year period. Since these days do not count toward the visa limit, recapturing them can extend your stay.
Eligibility for Recapture Time
To qualify, the time spent abroad must be:
- At least 24 hours per trip
- Documented with travel records (passport stamps, airline tickets, Form I-94, etc.)
How to Apply for Recapture Time
When applying for an extension based on recapture time, you must provide:
- A list of travel dates showing departure and return dates
- The total number of days spent abroad
- Supporting evidence of travel
USCIS will review your application and approve additional time if properly documented.
Resetting the H-1B 6-Year Clock
If you have exhausted your six-year limit, you can restart the clock by:
- Residing outside the U.S. for at least one continuous year
- Applying for a new H-1B petition under the H-1B cap
This resets your eligibility for another full six-year period.
H-1B Extensions Beyond the 6-Year Limit
Under AC21 Sections 104 and 106, some H-1B holders can extend their status beyond six years.
Who Qualifies for an AC21 Extension?
You may qualify for one-year H-1B extensions if:
- 365 days have passed since filing a labor certification application (Form ETA 750 or ETA 9089) or an immigrant petition (Form I-140).
- You have an approved I-140 petition, but your priority date is not current due to visa backlogs.
If you meet these conditions, you can continue extending your H-1B status until you are eligible for a green card (adjustment of status or consular processing).
Filing Requirements for AC21 Extensions
- The H-1B extension must be filed before the expiration of your current I-94.
- If you still have time left in your six-year period, you can file one petition to extend for both the remaining time and an additional year under AC21.
- If you have a gap in valid H-1B status, USCIS will not approve an extension request.
H-4 Dependent Eligibility
H-4 dependents can also benefit from AC21 extensions based on the H-1B principal’s eligibility.
AC21 § 104(c): 3-Year Extensions for Oversubscribed Countries
If you have an approved I-140 petition but cannot apply for a green card because of visa backlogs, you may qualify for H-1B extensions in three-year increments. To qualify, your priority date must be affected by per-country visa limits or the entire preference category must be unavailable. USCIS will verify eligibility by reviewing the Visa Bulletin at the time of filing. Unlike the one-year AC21 extensions, these extensions can be granted multiple times until a green card decision is made.
Key Takeaways
- H-1B status is limited to six years but can be extended in specific cases.
- Recapture time allows you to reclaim days spent outside the U.S. to extend your stay.
- If you exceed six years, you must leave for at least one year before applying for a new H-1B.
- AC21 extensions allow H-1B holders with pending green card cases to extend their stay beyond six years.
- Those affected by visa backlogs may qualify for three-year extensions under AC21 §104(c).
Need Help with an H-1B Extension?
Applying for H-1B extensions and recapture time can be complex. Consult an immigration professional to ensure a smooth application process.
Schedule a Consultation with an Immigration Lawyer
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