H1B visa status can be granted initially for up to three years, and then can be extended for another three years.
The maximum amount of time a foreign national can remain in the U.S. in H1B visa status is six years.
Once the six year cap is reached, the foreign national must be physically outside the U.S. for one full year before he/she can return to the U.S. in H1B visa status.
In limited circumstances, H1B visa status can be extended beyond 6 years if:
- The foreign national is the beneficiary of an approved I-140 petition.
- The foreign national has a PERM petition that has been pending for over 365 days.
The foreign national is allowed to remain in status and employed for 240 days after the expiration while waiting for the H1B visa Renewal to be approved by USCIS.