How long can a foreign national be in H1B status?
Under current law, you can be in H1B status for a maximum period of six (6) years at a time. After that time you must remain outside the USA for one year before another H1B petition can be approved. Certain people working on Defense Department projects may remain in H1B status for up to ten (10) years. In addition, certain aliens may obtain an extension of H1B status beyond the 6 year maximum period, when: 1) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or 2) 365 days or more have passed since the filing of an EB immigrant petition. Who can an H1B alien (foreign national) work for? H1B aliens can only work for the petitioning US employer (sponsor company) and only in the H1B activities (job duties) described in the visa petition. The sponsoring US employer may place the H1B worker on the worksite of another employer if all applicable rules (e.g., Departm
