H-1B Six-Year Limit: Extensions Beyond Six Years

Updated 2026-10-214 min readNot legal advice in W X

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H-1B status is generally limited to six years, but green card applicants can extend past that point under two AC21 rules. You can also recapture time you spent outside the US. 2.

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The basic six-year limit

USCIS says the first H-1B admission is generally up to three years. It can typically be extended by up to three more, for six years total.

Time in L status also counts toward the six years. After six years, you generally must spend one year outside the US before a new H-1B period.

Coming from L-1

Time in L-1 counts toward the six-year H-1B limit. L-1A itself is capped at seven years and L-1B at five.

Moving from L-1 to H-1B usually needs a lottery selection. The exceptions are if you were counted against the H-1B cap in the past six years, or the new job is cap-exempt.

If your L-1 time runs out before you are selected, the general rule is one year outside the US before a new H or L stay. A PERM or I-140 filed early enough may allow an AC21 extension instead, so ask counsel early.

Top H-1B sponsors, 2025US Department of Labor data

Employer	H-1B filings	Transfers	Median pay
Amazon.Com Services LLC	14,047	2,382	$155k
Cognizant Technology Solutions US CorpGC frozen	10,209	872	$110k
Ernst & Young U.S. LLP	9,808	269	$143k
Google LLC	7,899	844	$186k
Microsoft CorporationGC frozen	7,840	879	$173k
Tata Consultancy Services LimitedGC frozen	7,287	353	$86k

Every sponsor, with their open jobsSee the list ›

Recapturing time spent abroad

Days spent outside the US do not count toward the six years. Each trip must exceed 24 hours.

The reason for the trip does not matter. Business trips and vacations both count.

Your employer must request recapture and prove the days. Useful evidence includes passport stamps, I-94 records, airline tickets and a chart of your dates.

USCIS may grant all, part or none of the time requested. Keep travel records from the start of your H-1B.

Option 1: one-year extensions after 365 days

You can extend past six years if at least 365 days have passed since your PERM or I-140 was filed.

These extensions come in up to one-year steps. They continue until a final decision on your PERM, I-140 or green card application.

Your employer may file up to six months before the requested start date.
The PERM or I-140 must be at least 365 days old by the start date of the new period.
You cannot add days from two different filings to reach 365.
The H-1B employer does not have to be the one that filed your PERM or I-140.
You must be the named beneficiary of a non-frivolous filing.

The one-year filing rule

You can lose this option if you do not act when a visa becomes available.

If your I-140 is approved and you fail to file for a green card within one year of visa availability, you become ineligible. USCIS may excuse this for circumstances beyond your control.

Option 2: three-year extensions with an approved I-140

This is the main option for workers born in backlogged countries, like India.

You qualify if you have an approved EB-1, EB-2 or EB-3 I-140. A per-country limit must be the only reason you cannot get a green card yet.

Extensions come in up to three-year steps, for as long as you remain eligible. The employer must show the visa is unavailable when it files.

You do not need to be in H-1B status at filing. You can even be outside the US. A new employer can also use an I-140 filed by an earlier one.

If you reach six years or an extension is denied

If you hit six years without a qualifying PERM or I-140, you generally must leave or change to another status. You then need one year outside the US before a new H-1B or L stay.

After that year, you may be eligible for a new six-year period. You may also need a new lottery selection.

While an on-time extension is pending, you can keep working for the same employer for up to 240 days after your I-94 ends.

If USCIS denies the extension after your I-94 has expired, that permission ends. You generally must stop working and leave promptly, unless another valid filing covers you. A refiling or motion does not restore work permission by itself.

What it means for your spouse

Extensions past six years also matter for your family. An H-4 spouse can apply for work authorization once the H-1B spouse holds status under AC21 sections 106(a) and (b).

An approved I-140 also qualifies the spouse. See our H-4 EAD guide for the filing steps.

Keep your extensions on time. The H-4 spouse's status and EAD dates follow your H-1B dates.

Why timing matters in 2026

Boundless notes that filing PERM at least 365 days before the six-year limit can allow extensions beyond six years.

As of October 2026, the Labor Department has frozen PERM filings for eight employers. These include Microsoft, Adobe, Infosys, TCS, Wipro, HCL, Cognizant and Capgemini.

If you work there and have no PERM on file, check the timing with counsel now. Our /h1b-sponsors page flags employers whose green card filings are frozen.

Moving to an employer that can still file PERM may help. Our /h1b/h1b-transfer guide covers the move.

This article is general information, not legal advice. Confirm your situation with an immigration attorney before you act.

Questions

Does vacation time count toward my six years?

No. Time outside the US for more than 24 hours can be recaptured, whatever the reason for the trip.

Can I extend H-1B past six years with only a pending PERM?

Yes, if the PERM was filed at least 365 days before the extension starts. Extensions come in up to one-year steps.

How long are extensions with an approved I-140?

Up to three years at a time, while a per-country limit is the only thing blocking your green card.

Can a new employer extend my H-1B using my old I-140?

Yes. The rules say the H-1B petitioner need not be the employer that filed the I-140.

What happens if my H-1B extension is denied?

If your I-94 has already expired, your permission to work and stay generally ends with the denial. You usually need to stop working and leave, or rely on another valid filing, so talk to an attorney right away.

Does L-1 time count toward the H-1B six years?

Yes. Time in L status counts toward the six-year H-1B limit.

Do I need the lottery to move from L-1 to H-1B?

Usually yes, unless you were counted against the H-1B cap in the past six years or the new employer is cap-exempt.