Generally, a worker may only remain in the United States in H-1B classification for six years.  After six years, the worker must leave the U.S. for at least one year before becoming eligible for additional H-1B time. 

There are some exceptions to the six year rule.  For example, pursuant to AC-21 section 106(a), an extension of H-1B status may be granted in one year increments, resulting in more than six years of H-1B status, if the following conditions are met:

• A labor certification application or employment-based immigrant visa petition was filed on behalf of the H-1B worker.  If a labor certification is the basis for the extension, it must not be expired, revoked, or, through a final decision, denied;
• The labor certification application or immigrant visa petition was filed at least 365 days prior to the date the H-1B worker will have exhausted six years of H-1B status in the United States; and
• The extension request and I-129 petition are otherwise approvable.

Also, a person can be granted more than six years of H-1B status under AC-21 section 104(c), which permits an H-1B worker to apply for extensions of H-1B classification in three year increments if:

• The H-1B worker is the beneficiary of an approved I-140 petition; and
• Is eligible for to be granted adjustment of status but for the unavailability of an immigrant visa under the per country visa caps, as posted by the Department of State.



 Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Smith & Garg at 562-590-7300 or call our toll-free number at 877-517-4275.  You can also submit an inquiry through our Long Beach Immigration Online Inquiry.