1 comment

  • Avatar
    Edmundo Daco Jr.

    An H-1B visa is one the non-immigrant visas  that allows international individuals to work and live temporarily in the US. That means there is a limit to their stay, after which they must either leave the country, get another non-immigrant visa or apply for an extension of the H-1B visa. Overstaying past the H-1B visa validity will result to bad immigration records and a change to be deported.

    H-1B visa holders can stay in the US initially for three years and can be extended for three more years, for a total of six years.

    After 6 years, you must do get another visa or apply for another extension, if you still haven't received a green card. There are two criteria to get H-1B extension after six years based on the American Competitiveness in the Twenty-First Century Act or AC21:

    1. The H-1B visa holder is a beneficiary of an approved I-140, Petition for Immigrant Worker

    2. The H-1B visa holder has a pending I-140 or a Labor Certification application which was submitted prior to the start of sixth year with H-1B visa.

    The petition for immigrant worker must be employer-based and not family-based or it will be declined. 

    Note: This is not a legal advice.

    Comment actions Permalink

Please sign in to leave a comment.