It is possible to obtain an extension of H-1B status beyond the 6-year maximum period. Under the American Competitiveness in the Twenty-First Century Act (AC21), an H1B non-immigrant can be in H-1B status for a maximum period of six (6) years at a time. This act came into effect on October 17, 2000.
Let us consider the two scenarios for extending the
H1B visa beyond the 6 year limit.
Scenario 1: The AC21 106 enables non-immigrants to obtain an
extension of H1B status past 6 year, when
- H1B non-immigrant is the beneficiary of an employment based immigrant petition or an application for adjustment of status; and
- 365 days or more have passed since the filing of a labor certification application (Form ETA -750)/EB immigrant petition (Form I-140).
The Attorney General is necessary to grant the extension of stay of such H1B non-immigrants in 1 year increments, until a decision is made on the H-1B non-immigrant's
green card.
