How long does an H-1B last? The short answer is six years. The longer answer has at least three different dates in it, and mixing them up is one of the most common ways people get into trouble.
As of October 31, 2026, this guide explains the three-year periods, the six-year limit, what extends it, and which date to rely on.
- H-1B admission is generally for up to 3 years, extendable for up to 3 more.
- The law caps the authorized H-1B period at 6 years, with exceptions.
- Controlling owners get 18-month periods on the first two approvals.
- One-year extensions are possible when a PERM or I-140 has been on file 365 days.
- Three-year extensions are possible with an approved I-140 and a per-country visa block.
- Time abroad exceeding 24 hours during H-1B validity can be recaptured.
What is the basic rule?
Three years at a time, six in total. USCIS says "you may generally be admitted for a period of up to 3 years," and that "this initial period of admission may generally be extended for an additional period of up to 3 years, for a total period of admission of 6 years" (USCIS, H-1B Specialty Occupations). The statute sets the cap: "the period of authorized admission as such a nonimmigrant may not exceed 6 years" (8 U.S.C. 1184(g)(4), Cornell LII).
A given approval can be shorter. The initial LCA period "must not exceed 3 years," and it runs for the period the Department of Labor certifies (20 CFR 655.750(a), eCFR). Our guide to the LCA explains how that works.
Which date actually matters?
The I-94, then the petition. People often confuse three things:
| Document | What it tells you |
|---|---|
| I-797 approval notice | The period USCIS approved the petition |
| Form I-94 | How long you may stay in H-1B status |
| Visa stamp in your passport | Until when you can use the visa to travel to a U.S. port of entry |
A visa stamp can expire while you are in valid status, and the fact that you hold a valid stamp does not extend your stay. If you travel and return, check the new I-94 as soon as you can. If it is shorter than your approval, tell your attorney.
What are the special rules for founders?
Shorter early periods. If "you possess a controlling interest in the petitioning organization or entity, meaning you own more than 50% of the petitioner or have majority voting rights in the petitioner, the approval of your initial petition and your first extension petition will each be limited to a validity period of up to 18 months" (USCIS, H-1B Specialty Occupations). Our guide to H-1B for startup founders covers that case.
How can you stay past six years?
Through AC21, if your green card is underway. There are two main routes.
One-year extensions. Someone "is eligible for H-1B status beyond the 6-year limitation" if "at least 365 days have elapsed since" a labor certification or immigrant petition was filed for them (8 CFR 214.2(h)(13)(iii)(D), eCFR).
Three-year extensions. A person with an approved EB-1, EB-2 or EB-3 petition who "is eligible to be granted that immigrant status but for application of the per country limitation" qualifies, with validity "in increments of up to 3 years for as long as the alien remains eligible for this exemption" (8 CFR 214.2(h)(13)(iii)(E), eCFR).
Both still require an H-1B petition from an employer. USCIS also says you may be eligible past the sixth year if you are "the beneficiary of an approved immigrant visa petition," and our guide to H-1B extensions beyond six years covers how they apply, including to self-petitions.
There is a timing limit to keep in mind. The regulation says a person can lose the one-year route if they fail "to file an adjustment of status application or apply for an immigrant visa within 1 year of an immigrant visa being authorized," though "USCIS may excuse a failure to file in its discretion" if it was due to circumstances beyond the person's control.
Can you get time back?
Yes, days you spent outside the U.S. "Time spent physically outside the United States exceeding 24 hours by an alien during the validity of an H-1B petition that was approved on the alien's behalf shall not be considered" toward the limit. It "may be recaptured in a subsequent H-1B petition on behalf of the alien, at any time before the alien uses the full period of H-1B admission" (8 CFR 214.2(h)(13)(iii)(C), eCFR). Your employer has to request and document it.
What happens at the end of six years without an exception?
You usually need to leave, or switch. The law sets the six-year cap, and the regulation says a new H-1B or L petition generally cannot be approved "unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year" (8 CFR 214.2(h)(13)(iii)(A), eCFR). A return after that can involve the cap again, depending on your facts.
Some people move to a status with a different structure. O-1 has no six-year limit in the same way, which our guide to switching from H-1B to O-1 explains. Others need a green card plan before the clock runs out.
What about gaps, layoffs and extensions?
Each has its own rule. If your job ends, USCIS says you may have "up to 60 consecutive days or until the end of your authorized validity period, whichever is shorter." That period is not extra time on the clock: it is a period in which losing the job does not by itself mean you have failed to maintain status.
For extensions, plan ahead. A timely extension filed by your employer can let you keep working for up to 240 days while it is pending, under the rule for workers whose extension of stay was timely filed (8 CFR 274a.12(b)(20), eCFR). File it well before the I-94 date, since a late filing can cost you more than it saves. The regulation does let USCIS excuse some late filings for "extraordinary circumstances beyond the control of the applicant or petitioner," but that is discretionary (8 CFR 214.1(c)(4), eCFR).
What if you changed from another status?
Your count can start at different points. If you worked on a cap-exempt H-1B first, that time generally still counts toward your total, even if you later move to a cap-subject employer. Your attorney should add up every period of H-1B status you have held, and subtract any days abroad you can prove, before planning your final extension.
What about family members?
They follow you. USCIS says "your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification." Their status generally runs with yours, so an extension for you usually needs a matching filing for them. A child near 21 needs extra planning, as our guide to H-4 children turning 21 explains.
What this means for you
- Write down your I-797 and I-94 dates, and treat the earlier one as your warning line.
- Do not assume a visa stamp date extends your stay.
- Ask your employer when it plans to start PERM, since 365 days matter.
- Keep your travel records so that you can recapture time.
- Start extension filings early, and have your attorney count your remaining time.
Where to start
If the six-year clock is your main worry, a self-petition can also support extensions and needs no sponsor. Our free evaluation at /evaluate/ checks whether EB-1A or the NIW fits your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 31, 2026.
- USCIS, H-1B Specialty Occupations. Period of stay; controlling owners; family; grace period.
- 8 U.S.C. 1184(g)(4) (Cornell LII). Six-year limit.
- 20 CFR 655.750 (eCFR, current text). LCA validity.
- 8 CFR 214.2(h)(13) (eCFR, current text). One-year abroad rule; recapture; AC21 extensions.
- 8 CFR 214.1(c)(4) (eCFR, current text). Late extensions.
- 8 CFR 274a.12(b)(20) (eCFR, current text). Work during a timely extension.
Frequently asked questions
How long does an H-1B visa last?
Your authorized H-1B period is usually up to three years at a time, with up to six years in total. USCIS may grant less if the labor condition application or the job is shorter. The visa stamp in your passport is a travel document and can have a different date, so check your I-797 and Form I-94 for how long you can stay.
Can I stay on H-1B after six years?
Yes, if you qualify for an AC21 extension. You may get one-year extensions if at least 365 days have passed since a labor certification or immigrant petition was filed, and up to three years at a time if you have an approved I-140 and cannot file because of the per-country limit. An employer must still file the H-1B petition.
What happens when my H-1B expires?
You generally must have a timely extension or change of status on file, or leave. The USCIS rules allow you to continue work in some cases while a timely extension is pending. If you have no valid filing or period of stay, you risk accruing unlawful presence. Do not rely on a visa stamp date, because the I-94 is what controls.
Does H-1B time reset if I leave the U.S.?
A full reset generally needs at least one year outside the country. The regulation says someone who has used six years cannot get H-1B status again unless they have been physically outside the U.S., except for brief trips, for the prior year. Time you spent abroad can also be recaptured toward your six years, which is a different rule.
Can an H-1B be approved for less than three years?
Yes. Three years is a maximum, not a promise. The approval generally follows the period your employer requests and the certified labor condition application, and the LCA can cover a shorter period. An owner with a controlling interest is limited to 18 months on the first two approvals. Check the dates on your I-797 rather than assuming a full period.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
