How long can I stay in the United States in H-1B status?
Initial H-1B petitions are approved for three years. An extension may be filed for an additional three-year period. An extension must be filed before your current visa status expires in order to preserve your right to work. Generally, individuals are entitled to a maximum of six years in H-1B status. That six-year period includes H-1B status with other employers as well as any time spent in H-4, H-3 or L-1 status. There are two exceptions: • If a labor certification or I-140 employment-based petition for permanent residence on your behalf has been in process for at least 365 days, your H-1B status may be extended in one-year increments until the time your permanent residence case is approved. • If visas for your country of birth are oversubscribed, and you are the beneficiary of an approved I-140 employment-based petition, your H-1B status may be extended in three-year increments until such time as your application to adjust status to permanent resident is approved.
