I am nearing my sixth year in H-1B visa status but my permanent residency application is not finished. Can I extend my stay in H-1B beyond the six years?
There are two circumstances where you can extend your H-1B beyond the six-year maximum stay: • If your petition for an employment-based first, second or third preference has been approved, but a visa number is not available because of the per-country limits, then you may extend your H-1B status for three-years until your permanent residency application is decided. • If your labor certification application or I-140 immigrant petition was filed more than one year ago, you can extend your H-1B visa status in one year increments as long as your permanent residency application is pending.
