The H-1B visa remains one of the most sought-after U.S. work visas for employers and foreign nationals alike. But beyond the initial approval, there are several key rules and strategies that can help individuals and businesses get the most out of H-1B status.
At NPZ Law Group, we guide our clients through every phase of the H-1B process—from lottery registration to extensions, transfers, and more advanced options. Here’s what you should know.
The H-1B Cap: Understanding the Annual Limit
Each fiscal year, USCIS makes 85,000 new H-1B visas available—65,000 under the regular cap and 20,000 for individuals with a U.S. master’s degree or higher. Because demand exceeds supply, most applicants must go through the electronic lottery process.
Key points:
- Registration usually opens in March each year
- Results are typically released by April
- Certain employers, like universities and non-profit research institutions, may be cap-exempt
Employers should plan ahead and ensure compliance with wage and job duty requirements before filing.
H-1B Extensions: Beyond the Initial Three Years
H-1B status is typically granted in increments of up to three years, with a maximum stay of six years. Extensions are common and can be based on unused time or pending green card processes.
Options for extending H-1B beyond six years:
- Recapture unused time spent outside the U.S.
- Extend under AC21 rules if a PERM or I-140 has been filed at least 365 days before the six-year mark
- If the I-140 is approved, extensions may be granted in three-year increments
Timely and accurate filings are essential to avoid gaps in status or employment.
Transfers and Amendments: Job Changes and Location Updates
H-1B workers often change jobs, employers, or even move locations while remaining in valid H-1B status. Understanding when a transfer or amendment is needed helps protect both the employee and employer.
Transfers:
Allow an H-1B worker to start with a new employer once the petition is filed. The new job must meet all H-1B eligibility requirements.
Amendments:
Required if there are material changes to the job—such as job duties, worksite location, or hours. A change in work location outside the same metropolitan area almost always requires an amendment.
Filing correctly ensures continued compliance and work authorization.
Recapturing H-1B Time Spent Abroad
The six-year limit on H-1B status counts only time physically spent in the U.S. If an H-1B worker spent time abroad—for vacation, business travel, or personal reasons—that time may be recaptured and added back.
To recapture time:
- Maintain documentation like I-94 records, flight itineraries, and passport stamps
- Request recapture time in the extension petition
- Time can be recaptured even after the initial six-year period ends, if not already used
This strategy can buy additional time for PERM processing or avoid an unnecessary departure from the U.S.
Concurrent H-1B Employment: Working for Multiple Employers
H-1B workers can legally work for more than one U.S. employer at the same time through a process called concurrent employment. Each job must independently qualify under H-1B rules, and the second employer must file its own petition.
Common examples:
- A researcher working at a university while consulting part-time for a private firm
- A healthcare worker employed at two hospitals under separate petitions
The primary H-1B employer must be maintained, and all filings must clearly outline duties, compensation, and schedules.
Final Thoughts
Whether you’re applying for the first time or navigating the second half of your H-1B journey, it pays to understand the full range of options available. Strategic use of extensions, transfers, recapture time, and concurrent employment can make a meaningful difference in long-term immigration planning.
At NPZ Law Group, our attorneys work closely with both employers and employees to make every H-1B year count. If you’re unsure about your options—or want to plan ahead—contact our office today for guidance tailored to your case.
Reach out to NPZ Law Group to schedule a consultation with our experienced immigration attorneys.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.