H1b how many times

Reshape Tomorrow Tomorrow is different. Let's reshape it today. Corning Gorilla Glass TougherTogether. ET India Inc. ET Engage. ET Secure IT. Rate Story. Font Size Abc Small. Abc Medium. The H-1B visa is a nonimmigrant visa. That means it does not allow its holder to remain in the U. When one's H-1B status expires, the H-1B worker must either leave the United States, obtain an extension , or apply for a different status. If the worker simply stays in the U. Under U.

The H-1B visa and status is initially valid for three years and can then be extended for another three years. At the expiration of the maximum period of stay, the foreign worker must either leave the U. After spending a full year abroad, a new six-year clock begins. When calculating how much time an H-1B worker has remaining, it is important to understand exactly what time periods count toward the six-year maximum. First, only the time the worker spends in the U.

Any time spent outside of the country does not count, even if the person leaves and reenters the U. For example, let's say a Russian citizen has an H-1B visa that is valid from October 1, , through September 30, From January 1, , through April 1, , the worker goes to Russia to visit family.

Those three months away from the U. This concept is critically important because immigration law allows H-1B workers to "recapture" any lost time so as to take advantage of the full six-year maximum. Because the worker in the above example can "recapture" the lost three months of H-1B time from , he or she will be able to extend the H-1B visa a third time—from September 29, through December 29, How sustainable supply chains helped companies stay afloat in the pandemic.

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Video series featuring innovators. Unlike the three-year extension, the one-year extension does not require an approved I petition. With regard to filed petitions, the only requirement is that days have elapsed since a labor certification application, or I petition if a labor certification application was not required, was filed. This form of relief is also not limited to just applications for the first three employment-based visa preference categories.

Whether an H1B worker is eligible for an extension of H1B status is unclear if the H1B worker's labor certification application or I petition is withdrawn by an employer on account of the H1B worker switching jobs pursuant to H1B status. As with the three-year extension, being in the United States is not a prerequisite to applying for a one-year extension of H1B status. However, the day requirement leads to ambiguity for applicants who begin their adjustment of status process within days of the expiration of their H1B status.

In such cases, the applicant may be advised by an immigration practitioner to leave the United States prior to the expiration of his or her H1B status. That way, he or she may preserve the remainder of his or her H-1B status while abroad, and then apply for an extension of H1B status along with a request to recapture time spent outside of the United States while on H1B status once days from the filing of the labor certification application or I petition have elapsed.