If you hold an H-1B, you may start watching the dates on your immigration paperwork as your current period gets closer to its end. You may also wonder whether the six-year limit applies exactly the same way to you or whether certain circumstances could give you more time.
Here is what you should know about the usual timeline and what could change it.
You can generally stay for up to six years
Most workers with an H-1B can stay in the country for up to six years. Your first approval can cover up to three years, and a later approval can add up to three more. The date on your visa does not necessarily tell you how long you may stay. Form I-94 generally controls that period. For example, you may still have valid H-1B status after the visa expiry date if your Arrival-Departure Record Card permits you to stay longer.
You may qualify for additional time beyond six years
The six-year maximum does not apply in exactly the same way to every worker with an H-1B. For example, certain people involved in qualifying Department of Defense research and development or co-production projects may receive a qualified status for up to 10 years. Your immigration history can also affect the amount of time available to you.
Your stay can be affected by changes in your circumstances
Your six-year calculation does not always run continuously. Traveling outside the U.S. generally does not count toward the limit, so you can add qualifying time abroad back to your available H-1B period.
If your employment ends, you may have up to 2 months or 60 days to find another employer or change status, depending on the circumstances. A new employer does not renew the six years you are allowed to stay. Your prior H-1B time generally remains part of the calculation, and the new employer must complete the required immigration process before you begin working.
Take action before time runs out
If your six years is almost up, you should start reviewing your options before your current period ends. An attorney can examine your I-94, past H-1B approvals, travel records and green card filings to determine how much time remains and whether you may have additional time available. Early review can also help you address an employment change or begin the next immigration step before a deadline creates a problem.