How long can you stay in the U.S. on H-1B?

You can generally stay in the U.S. on an H-1B visa for a maximum of six years, with initial petitions typically for three years and extensions for another three years, but this can often be extended beyond six years if you are progressing in the employment-based green card process (e.g., PERM or I-140 filing), allowing for one-year extensions until a final decision is made on your permanent residency.

How long can I stay in the U.S. on an H-1B visa?

An H-1B visa generally allows a stay of up to 6 years in the U.S., starting with an initial 3-year period, extendable for another 3 years, but extensions beyond this can be possible if you're pursuing a green card (immigrant visa) and meet specific criteria, such as filing Form I-140 at least 365 days prior. Time in other H or L statuses generally counts towards this 6-year limit, but you might reset the clock by staying outside the U.S. for a year. 

Can I stay more than 6 months outside U.S. with H-1B?

If your time outside the U.S. stretches long — say, multiple months or more — you could encounter issues re-entering. The officers at the airport or consulate might question whether you are still in a valid employer-employee relationship or whether your current job still fits the description of the original H-1B terms.

What is the 180 day rule for H-1B?

Persons in H-1B accruing unlawful presence less than 180 days finding a new employer, after the 60 days grace period, after I-94 validity, within 180 days of unlawful presence, may be petitioned by the new employer with an H-1B new employment, not subject to the H-1B cap petition, and begin employment with the new ...

How many years does H-1B take to get a green card?

Section A: H1B to Green Card Overview

To be able to stay in the US after this six-year period, you will need to make an application to either extend H1B status under the statutory rules that allow time beyond six years, or apply for a Green Card.

H-1B & L1 Visa rules is Changing in 2026 - Here's why

What happens after 6 years on H-1B?

Resetting the Six Year H-1B Clock

Individuals who deplete this 6-year limit are not eligible for another 6 years until they have resided and been physically present outside the United States for one year, at which time their eligibility for a new 6-year period of H-1B status "restarts." Click here for more information.

How do I convert my H-1B to a Green Card?

Green Card process steps for H-1B visa holders: a step-by-step guide

1. Step 1: Your employer applies for your PERM certification. Your employer must apply for a Permanent Labor certification, which establishes the extent of your salary and other benefits. ...
2. Step 2: Your employer submits Form I-140. ...
3. Step 3: Submit Form I-485.

Who has to pay $100,000 for an H-1B visa?

The $100,000 H-1B fee, implemented in late 2025, primarily targets U.S. employers filing new H-1B petitions for workers outside the U.S. who need to obtain an H-1B visa abroad, rather than those already in the U.S. for change of status or extensions, or for current H-1B holders. Employers filing for new hires from overseas, especially for roles where a U.S. worker isn't readily available, often face this fee as a significant cost to bring talent in, with limited exceptions possible, according to guidance from USCIS. 

What happens if I lose my job on H-1B?

Because the H-1B visa is tied directly to employment, losing your job triggers a strict 60-day grace period. During that time, you must find a new employer to sponsor you, change your visa status, or prepare to leave the country. In 2023 alone, mass tech layoffs affected over 85,000 H-1B holders.

How many times can H-1B be renewed?

The H-1B visa can be extended for up to a six (6)-year maximum duration. The extension cannot go beyond six years unless the H-1B employee has a pending or an approved I-140, Petition for Permanent Residency as specified by the AC21 104 (C).

What is the 3 to 1 rule for H-1B?

The Three-For-One Rule

When making a determination whether a foreign national possesses the required academic credentials necessary for an H-1B occupation, the USCIS will consider three years of specialized training and/or work experience to be the equivalent of one year of college education.

Can H-1B work remotely?

If you are currently outside the US, you do not need to take any action related to your H-1B visa status. H-1B regulations do allow for remote work, within commuting distance of the employer.

Can I stay in the USA for 6 months every year?

Yes, you can often stay in the U.S. for up to 6 months per visit on a visitor (B1/B2) visa, but repeating this annually requires careful planning, as frequent, long visits can lead to suspicions of residing in the U.S. rather than visiting temporarily, potentially resulting in denied entry. The key is to demonstrate strong ties to your home country, have a clear purpose for each visit (tourism/business), and spend significant time outside the U.S. between visits to prove you aren't trying to live there. 

Can I stay more than 6 months outside us with H-1B?

Generally, there is no limit a H1 may remain outside the US within H1 I-797 validity. The H1 may return to the US for H1B employment with valid passport, current visa, and I-797 until laid off or withdrawn.

Will there be an H-1B lottery in 2027?

Yes, there will be an H-1B lottery for Fiscal Year (FY) 2027, but it will use a new weighted selection system, not purely random selection, to favor higher wage levels and increase odds for higher-skilled workers. This rule, effective February 2026, applies to the March 2026 registration period for FY 2027 visas, giving more entries (chances) to beneficiaries offered higher salaries (Level 3 and 4).
 

What is the 90 day rule USCIS?

The USCIS 90-Day Rule is a guideline that presumes a non-immigrant visa holder intended to misrepresent their purpose if they engage in activities like marrying a U.S. citizen, working without authorization, or enrolling in school within 90 days of entering the U.S., potentially leading to visa fraud findings, inadmissibility, and denial of green card applications. This policy helps determine if someone's actions after entry contradict their initial non-immigrant intent. 

How long can H-1B stay unemployed?

You can remain in the U.S. up to 60 days between jobs, but only if a new employer files an H-1B petition for you before the grace period ends. You'll want to keep the following points in mind: You can start working with the new employer as soon as USCIS receives the petition.

How soon can I apply for a green card after H-1B?

You can apply for a green card immediately after you secure an H-1B visa, as soon as your employer is ready to sponsor you. The employer is responsible for filing the initial paperwork for an employment-based green card, including the labor certification, and Form I-140 Immigrant Petition for Alien Workers.

Can I transfer an H-1B visa to another employer?

H-1B visas can be transferred from one employer to another. This means that while you are in the US on an H-1B visa and if you are offered another job, you can follow the H-1 B transfer process. The new employer starts the process of getting an H1B visa.

Can an H-1B visa lead to a green card?

Yes, the H-1B visa is a common pathway to a Green Card (permanent residency) in the U.S. because it's a "dual-intent" visa, allowing you to seek permanent residency while on it, but it's a separate, multi-step process involving your employer sponsoring you for an employment-based Green Card (like EB-2 or EB-3), starting with PERM labor certification, then filing I-140, and finally I-485 Adjustment of Status, which can involve significant waiting times, especially for certain countries.
 

Is H-1B still lottery?

The Department of Homeland Security has issued a new regulation that fundamentally reshapes how H-1B cap cases will be selected, replacing the long-standing random lottery with a wage-level-based selection system beginning with the upcoming H-1B registration cycle.

How expensive is it to sponsor H-1B?

The new fee went into effect as of September 21, 2025, and will greatly impact employers' ability to secure the highly educated foreign workers who come to the United States on the H-1B visa. Employers will now be required to pay a one-time $100,000 fee per new petition.

What is the fastest visa to get a green card?

One of the fastest ways to get a U.S. Green Card is via the EB-5 Visa program. While the EB-5 Visa is technically employment-based, it does not require a job offer. Instead, this type of visa is focused on making a qualifying investment to create jobs.

What is the 3 for 1 rule for H-1B?

The H-1B "3 for 1 rule" allows individuals without a bachelor's degree to substitute three years of relevant, progressively responsible work experience or specialized training for one year of college education, helping them meet the educational requirements for a specialty occupation H-1B visa. This rule, codified in USCIS regulations (8 C.F.R. §214.2(h)(4)(iii)(D)(5)), requires extensive documentation proving the experience involved theoretical and practical application of specialized knowledge, often with peers holding degrees, and is used to demonstrate the equivalent of the required bachelor's degree or higher, say immigration experts. 

What is the 2 year rule for green cards?

The "2-year rule" for green cards refers to Conditional Permanent Resident status, issued when a marriage to a U.S. citizen is less than two years old at the time of approval, requiring the couple to file Form I-751 within 90 days before the card expires to prove the marriage is genuine and obtain a 10-year green card, or risk losing residency.