Beyond the 6-Year H-1B Limit: Explore Your H1B Max-Out Options
Looking for H1B max-out options? Are you an H-1B visa holder nearing the end of your six-year stay? If so, you have come to the right place.
In this blog post, we will explore viable options for H-1B holders approaching their maximum H-1B stay to remain and continue working in the US. Let’s dive in!
H1B Six-year limit
The H1B visa allows foreign nationals to work in specialty occupations in the US with a maximum period of a 6-year limit. After 6 years on an H1B visa, they must leave the US for a certain period.
Alternative H1B max-out options include changing to a different visa status or extending their H1B visa to stay in the US.
How Is the H-1B Visa Six-Year Limit Calculated?
Here is a detailed explanation of calculating your H-1B six-year limit:
Initial Period: The H-1B is a non-immigrant visa initially granted for three years to work and stay in the United States.
Extension: After the initial three-year period, H-1B visa holders can extend their H-1B status for an additional three years. So, an H-1B visa allows individuals to work in the US for a total six-year period.
Time Calculation: The H-1B six-year limit is calculated based on the actual time you are present in the US. This means it only includes the time you are physically present in the US with an H-1B visa. Therefore, the days you spend outside the US do not count towards the H-1B six-year limit.
H1B Max- Out Options: Continuing to Work in the US
If you are nearing the end of your six-year H-1B maximum, here are your H1B max-out options for continuing to work in the US:
H1B Extensions
You may be eligible to extend your H-1B visa beyond the six-year limit under the following circumstances:
- H-1B extension after 6 years with Pending I-140 or PERM: If your Immigrant Petition for Alien Worker (I-140) or Program Electronic Review Management (PERM) application has been pending for at least 365 days before your H-1B expires, you can extend your H-1B status for one year.
- H-1B extension after 6 years with I-140 Approved: If your I-140 petition is approved but your priority date for a green card is not yet current, you can extend your H-1B status for three years.
Change to a Different Visa Status
The other H-1B max-out option is to change to a different visa status if you are unable to extend your H-1B visa and want to remain in the United States. There are several visa options available, including F-1, L-1, O-1, and H-4.
Each visa option has different eligibility requirements and application processes.
The best option among these visas may be transferring to an H-4 visa if your spouse holds an H-1B visa. With an H-4 visa, you may be eligible to apply for an Employment Authorization Document (EAD) to continue working in the US.
H-1B Recapture Time
Recapturing refers to reclaiming the days you spent outside the U.S. in H-1B status, regardless of the duration as long as it exceeds 24 hours. You cannot recapture time upfront. Instead, your employer will request recapture as part of the H-1B extension process, allowing you to potentially extend your total stay beyond the six-year limit.
Other Options
Resetting the H1B Six-Year Period
Another option is to move abroad for a period of one year. This allows you to become eligible for a new H1B visa, effectively resetting the six-year H1B period.
Considering Green Cards with Self-Petition Options During Your H-1B Max Out
When your H-1B status is approaching its maximum duration, it’s wise to explore green card options with self-petitioning paths. Here’s why:
1. Faster Processing
Self-petitioned green cards like EB-1A or EB-2 NIW don’t require labor certifications, allowing you to skip the PERM process. Additionally, you can request premium processing services for both of these green cards, which can significantly expedite the processing of your I-140 petition.
2. No Employer Sponsorship Needed
Many companies are currently pausing new green card sponsorships for their employees. However, self-petitioned green cards like EB-1A and EB-2 NIW do not require an employer sponsor. This allows you to file your green card application directly with USCIS independently.
Strategic Approach for Indian Applicants: Consider applying for EB-2 NIW first if you meet its requirements to extend your H-1B status. This is because EB-1A has a higher eligibility bar.
Once your EB-2 NIW is approved, you can then prepare for an EB-1A application to potentially fast-track your overall green card process. This is because, EB-2 NIW is facing significant backlogs, especially for applicants from India.
Conclusion
Make sure you choose the right H-1B max-out option based on your needs. As previously mentioned, self-petitioning green cards like EB-1A or EB-2 NIW have faster processing times compared to EB-3 or EB-2, which often require labor certification. Therefore, these green cards might be an option to extend your H-1B if you meet their requirements.
If you are seeking EB-1A assistance to build a compelling EB-1A profile, do check out our Smart Green Card VIP plan.
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