Under US immigration law, the H-1B visa is initially granted for up to three years. This can be extended by another three years, for a total of six years. But can you extend your H-1B status beyond the standard six-year limit? The answer is yes.
Here’s how you can extend your H-1B status beyond six years:
1. File Form I-140 (Immigrant Petition for Alien Workers) or employment certification at least 365 days (one year) before the requested H-1B extension start date.
If you have completed this form (even if it is not yet approved), your H-1B status can be renewed after the six-year limit in one-year increments.
2. The new employer can file Form I-129 and the employee can begin work once the USCIS receives the petition, according to the H-1B likelihood rules. An employer uses Form I-129 to request from USCIS that a foreign national come to the U.S. temporarily as a nonimmigrant for the purpose of performing services or work or training.
3. If you have an approved Form I-140 (the first step to a U.S. green card), but an immigrant visa number is not yet available due to backlog, your employer can apply for an H-1B extension beyond the standard six-year limit, which USCIS can approve in three-year increments.
4. If you have an approved Form I-140 and have an immigrant visa number available, it is not a basis for renewal of H-1B status after six years. The one-year extension rule only applies if your employer filed an employment certification or I-140 at least 365 days before the end of the six-year period and the petition is still pending.
5. In cases such as a job change or layoff, a timely, non-frivolous “adjustment of status” or extension petition usually allows you to remain in the United States for the duration of your authorized stay while the petition is pending, even after your H-1B status expires.
The individual is not authorized to work beyond the H-1B status end date until a “change of status” is approved. This applies if the employer wants to “change status” without leaving the US.
6. A Pending Circumstance of EAD (CCEAD) application provides a period of authorized stay while it is being reviewed, even after H-1B status has expired. However, in this case, the individual is not authorized to work beyond the H-1B status end date until CCEAD is approved.
7. An approved CCEAD provides a period of authorized residence and employment authorization that can be extended in annual increments if exigent circumstances persist. With CCEAD, an individual can work for any employer.
8. A pending Form I-485 (Adjustment of Status) along with an approved EAD and Advance Parole allows for a period of authorized stay until a decision on the Form I-485 is issued, even after H-1B status has expired. With a valid EAD, an applicant can work for any employer.
9. Approval of Form I-485 grants lawful permanent resident (LPR) status. position. A person with LPR status is authorized to work for any employer in the US.
