How long can you stay in US after H1B expires?

Under U.S. law, a foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances, discussed below). The H-1B visa and status is initially valid for three years and can then be extended for another three years.

How long can I stay in US after visa expires?

You may be banned from reentering the U.S. for three years. This happens if you stay in the U.S. for more than 180 days but less than 1 year after your visa expiration date, but leave the country before formal removal proceedings begin.

How long can a H1B visa holder stay outside the US?

Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery.

What happens when your H-1B expires?

When one’s H-1B status expires, the H-1B worker must either leave the United States, obtain an extension, or apply for a different status. If the worker simply stays in the U.S. past the expiration of the H-1B status, the worker loses legal status in the U.S. and can be removed (deported).

Can a H1B extension be extended beyond 6 years?

Emily is eligible for a 3-year H1B extension beyond 6 years because her I-140 has been approved and she cannot apply for Adjustment of Status because of Priority Date retrogression. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status.

How to recapture time spent outside the US for H1B?

Time spent outside the U.S. can be recaptured and H1B extension after 6 years is permissible as long as the Beneficiary can submit documentary proof of the trips outside the U.S. It is important to note that only full days spent outside the U.S. will be counted for recapture. Partial days spent in the U.S. count against the six years.