How long can an alien be in H-1B status?
Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when: • 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 • 365 days or more have passed since the filing of an EB immigrant petition. Who can an H-1B alien work for? H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B a
Related Questions
- Alien is currently on L-1 status, and a change of status to H-1B is approved from October 1st. Can the alien continue to work for the L-1 employer past October 1st, and join the H-1B employer later?
- What happens to H-1B aliens legal status when he/she gets laid off?
- How long can an alien have H-1B status?
