Extending Your H-1B Visa Beyond Six Years: A Detailed Guide
Under US immigration regulations, the H-1B visa typically allows a stay of up to three years initially. This period can be extended for another three years, making a total of six years. However, many visa holders wonder if they can push beyond this six-year limit. The answer is yes, but it requires meeting specific conditions.
Key Requirements for H-1B Extension Beyond Six Years
To qualify for an extension beyond the standard six years, you must take certain steps well in advance. The most critical requirement involves filing Form I-140, which is the Immigrant Petition for Alien Worker. Alternatively, you can file a labor certification. You must complete this filing at least 365 days before your requested H-1B extension start date.
Even if the Form I-140 is not approved yet, simply having it filed allows you to renew your H-1B status. These renewals come in one-year increments beyond the six-year limit.
Procedures for Extension Based on Form I-140 Status
If you have an approved Form I-140, but an immigrant visa number is not available due to backlogs, your employer can file for H-1B extensions. In such cases, the US Citizenship and Immigration Services (USCIS) may approve these extensions in three-year increments.
However, if you have an approved Form I-140 and an immigrant visa number is available, this does not automatically grant an extension beyond six years. The one-year extension rule applies only when your employer filed a labor certification or I-140 at least 365 days before the six-year period ends and the petition remains pending.
Handling Job Changes and Layoffs
In situations like job changes or layoffs, a timely-filed and non-frivolous 'change of status' or extension petition generally permits you to stay in the United States. You can remain during the authorized stay period while the petition is pending, even after your H-1B status expires.
It is important to note that you are not authorized to work beyond the H-1B status end-date until the 'change of status' is approved. This applies when an employer seeks to change status without leaving the US.
Other Pathways for Extension and Stay
A pending Compelling Circumstances EAD (CCEAD) application provides a period of authorized stay while under review, even after H-1B status expires. However, you cannot work beyond the H-1B end-date until the CCEAD is approved.
An approved CCEAD grants both authorized stay and employment authorization. This can be renewed in one-year increments if compelling circumstances continue. With a CCEAD, you may work for any employer.
If you have a pending Form I-485 (Adjustment of Status) along with an approved EAD and Advance Parole, you can stay until Form I-485 is adjudicated, even after H-1B status expires. A valid EAD allows you to work for any employer during this time.
Approval of Form I-485 grants Lawful Permanent Residency (LPR) status. Individuals with LPR status are authorized to work for any employer in the US.
Important Takeaways
- H-1B status can be extended beyond six years if specific conditions are met.
- Filing Form I-140 or labor certification at least 365 days before H-1B expiration is crucial for extension.
- Pending applications for adjustment of status or compelling circumstances EAD allow continued stay even after H-1B status expires.
