When It’s Possible to Extend Your H-1B Status Beyond Six Years

Published: April 18, 2025

In FY 2023, the US Citizenship and Immigration Services (USCIS) granted approvals for 386,318 H-1 B petitions, encompassing new and ongoing employment. H-1B visa holders must understand the visa limits and options to extend their visa status when it expires. 

Under the American Competitiveness in the Twenty-First Century Act (AC21), you can extend your H-1B status beyond six years. Let’s explore the circumstances where you can apply for an H-1B extension after the end of the six-year period. 

Overview of the H-1B Extension Requirements

If you’re on nonimmigrant H-1B status, you have a maximum initial stay of six years in the US. 

Although you can extend your H-1B status up to six years, each extension is limited to three years at a time. 

Extending an H-1B visa requires careful attention to the specific deadlines and documents. 

For instance, you can only qualify for an extension if you’re currently in valid H-1B status. Ensure you begin the process at least six months before your H-1B status expires. 

Moreover, you must continue working in a specialty occupation and not have violated the terms of your H-1B visa to maintain eligibility for an extension. Given the complex H-1B rules, the assistance of an immigration lawyer would be beneficial to secure the necessary extensions. 

When You Can Extend Your H-1B Status Beyond Six Years

Suppose the six-year H-1B term expires without an extension. You must leave the US by the end of your authorized stay. However, specific provisions under the AC21 can allow you to extend your H-1B status beyond the six-year limit. 

Under section 106(a) of AC21

Section 106(a) of AC21 allows you to receive extensions of your H-1B status beyond the six-year maximum in increments of one year if you satisfy the following criteria: 

• Your labor certification or immigrant petition has been pending for a long time.
• At least 365 days must have passed since you filed your labor certification or immigrant petition.
• These one-year extensions in increments can continue indefinitely until the USCIS makes the final decision. 

Under section 104(c) of AC21

Section 104(c) of AC21 authorizes you to extend your H-1B status in three-year increments over the six-year limit if you meet the following requirements: 

• You have an approved immigrant petition. 
• You can’t apply for adjustment of status due to the visa number limits specific to your country.
• These three-year extensions in increments let you stay in the US while waiting for your priority dates to become available or current. 

Work With ALG Lawyers for a Successful H-1B Extension

Carefully planning and legal compliance are paramount in extending your H-1B status beyond the six-year statutory limit. An experienced Los Angeles immigration lawyer from ALG Lawyers can help you understand your eligibility under the AC21 provisions, provide documentation to support filings, and ensure a successful H-1B extension. Call our law firm now for proactive and client-centered assistance at every step of your immigration journey.