For H-1B visa holders, understanding and planning for the six-year limit is crucial. This guide outlines your options and provides a timeline to help you navigate the complexities of your H-1B status.
Understanding the 6-Year Rule
The H-1B visa allows skilled professionals to work in the United States for up to six years, typically structured as an initial three-year period with a possible three-year extension. After this period, staying in H-1B status generally requires specific actions or transitions.
Key considerations:
- Track your H-1B status start and expiration dates accurately.
- Time spent outside the U.S. during your H-1B status can often be recaptured.
Options for Extending Beyond 6 Years
H-1B holders nearing the limit have several options:
- PERM Labor Certification and I-140 Approval -If your employer has started the green card process and either the PERM Labor Certification or I-140 petition is approved, you may qualify for H-1B extensions.
- Recapturing Time Outside the U.S. – Calculate and reclaim time spent outside the U.S. during your H-1B period to extend your status.
- Switching to a Different Visa Category – Consider transitioning to visas such as the O-1 or L-1, if you qualify.
Planning Timeline
Early planning is crucial for managing your H-1B expiration. Here’s a general timeline:
Years 1–3:
- Track your H-1B status
- Maintain travel records
- Discuss green card sponsorship with your employer and ideally begin PERM Labor Certification
- PERM Labor Certification Timeline:
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- Step 1: Prevailing Wage Determination – 7 months
- Step 2: Recruitment Stage – 2 months
- Step 3: PERM Certification – 15 months
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Years 4–5:
Year 6:
- Finalize recapture calculations
- Apply for extensions or transition to other visa categories if necessary
Common Mistakes to Avoid
- Waiting Too Long: Delays in starting the green card process could result in losing eligibility for extensions. The earlier this process begins, the better.
- Ignoring Travel Implications: Failing to track travel days can lead to inaccurate recapture calculations.
With proper planning and action, H-1B holders can navigate the six-year limit successfully.
Navigating the complexities of H-1B status can be overwhelming, but you don’t have to do it alone. Berardi Immigration Law specializes in guiding professionals through every stage of the H-1B process, including options for extending beyond the six-year limit. Whether it’s managing green card sponsorships, recapturing time, or transitioning to a new visa category, our experienced team is here to help. Contact us today to secure your future and maximize your opportunities.
Disclosure: This document is for informational purposes only and does not constitute legal advice. Immigration laws and regulations are subject to change, and individual cases may vary. For personalized guidance and assistance with your immigration needs, consult a qualified immigration attorney.