H-1B status is generally limited to six years. Many workers reach that point while a green card case is still moving through the Department of Labor or USCIS, and a delay at the PERM stage, such as the October 2026 suspension of eight large employers from the program, makes the question more urgent. The rules that allow an H-1B worker to stay beyond six years are specific, and they depend on dates and on where the green card case stands. This post explains the two main routes and what to review with your attorney.
The One-Year Route: A Filing That Is at Least 365 Days Old
Under the Department of Homeland Security’s H-1B regulations at 8 CFR 214.2(h)(13), a worker may be eligible for extensions in one-year increments if a PERM labor certification application or an immigrant petition was filed for the worker at least 365 days before the extension is needed. These one-year extensions may be renewed each year while the green card case remains undecided. The key date is the filing date of the PERM application or the I-140 petition, so the date on your receipt or filing record matters. A PERM case that is still in recruitment, and has not yet been filed, does not start the 365 days.
The Three-Year Route: An Approved I-140 and No Visa Number Available
A second route applies to workers who are the beneficiary of an approved I-140 petition and cannot yet complete the green card process because immigrant visa numbers are not available in their category and country. In that situation, extensions can be granted in three-year increments. The visa must be unavailable when the H-1B extension is filed. A worker whose priority date has become current is treated differently, and a worker in that position is generally expected to file for adjustment of status or an immigrant visa within one year. A late filing may be excused in limited circumstances beyond the worker’s control, such as a job change that required a new employer to begin the process again. Requesting three years when only one is available can lead to a request for evidence.
Time Spent Outside the United States
If you spent time outside the country while in H-1B status, those days may be added back to your six years, provided you can prove them. A worker who is close to the limit may have time to recapture, and the records that support it, such as passport stamps, I-94 history, and travel records, are worth gathering before an extension is filed.
Does the Employer Have to Be the Same One?
Not necessarily. The employer that files the H-1B extension does not have to be the employer that filed the PERM application or the I-140. A worker who changes jobs, however, may need a new PERM case, which can affect timing and, in some situations, the priority date. Whether a move helps or hurts depends on the stage of the current case, and it should be reviewed with an attorney before a job offer is accepted.
What to Gather Before You Talk to Your Attorney
Your PERM filing date and approval notice, if any, your I-140 receipt and approval notices, your priority date, your current I-94 and H-1B approval notices, and records of time abroad. With these, an attorney can tell you which route applies, when the extension should be filed, and how long a request can reasonably be.
Frequently Asked Questions
Can I stay in H-1B status past six years if my PERM case has not been filed yet?
Not under the one-year route, because that route depends on a PERM or I-140 filing that is at least 365 days old. Other paths may exist, but they turn on your particular facts, so have an attorney look at your dates.
Does a PERM suspension at my employer cancel my H-1B status?
No. Your H-1B approval and your permission to stay are governed by their own rules, apart from the green card case. A delay can, however, affect your ability to meet the 365-day filing requirement or to move forward with an I-140.
How do one-year and three-year extensions differ?
A one-year extension is tied to a PERM or I-140 filing that is at least 365 days old. A three-year extension requires an approved I-140 and the lack of an available immigrant visa number.
Does time I spent abroad count toward the six years?
Documented time outside the United States during the H-1B period generally does not count, so it may allow additional time.
Can another employer sponsor my green card if my current employer cannot?
It may be possible, but the new employer must have a genuine permanent job and complete its own PERM process. Review the timing and your remaining H-1B time with an attorney first.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ & B Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.