How long can a foreign worker be in H-1 status?
Since the H1B work visa is considered a temporary visa, there is a limitation on periods of stay. The initial periods of stay may be approved for up to 3 years (usually depending on the occupation and/or the needs of the employer). And after that, another 3 years are available, by filing forms for extension of stay. After the 6 years, the worker must spend one year outside the USA before being approved for another H-1B visa. However, many workers take steps to attain permanent residence status (Green Card) during their initial 6-year stay. The H-1B visas six year time limit is not valid to people with I-140 employment-based immigration applications or adjustment of status applications if a year or more has passed since the labor certification was filed or the I-140 was filed. H-1B visas may be extended pursuant to this section in one year increments until the final decision comes in on the green card application.
