The H-1B visa is assigned to nonimmigrants by the employer, which allows them to work temporarily in the US. 

Therefore, H-1B visa holders cannot permanently live and work in the US. 

Wondering why?

Well, their stay depends on the visa’s duration date. When the duration date of the H-1B visa expires, the holders must leave the US and apply for a new work visa USA. 

Note: Workers who continue to work in the US with an expired H-1B visa are immediately deported and lose their legal status. 

The US law states that an international worker can live up to six years in the US with an H-1B visa (including the number of extensions one can get). 

However, it means that the original date of the H-1B visa is only valid for three entire years, which is extendable to another three years. 

Once a nonimmigrant completes these six years in the US, they can acquire a different immigration status.

Must-know fact: The F-1 and O-1 visa holders often get a green card to stay permanently in the US. Otherwise, their visa’s eligibility lasts up to six to twelve years.  

Now, let’s understand how the time is calculated for an H-1B visa according to US law. 

How Much Time Does US Law Allow For The H-1B Visa For Foreign Candidates?

Before you get into the exact time count in the six-year H-1B visa validity, you must know how it is calculated in the first place.

• A worker's time in the US counts at the end of six years. Therefore, it won’t affect your H-1B status even if you have been to another country within this period, whether you leave the US or re-enter the US.

For example, suppose an Indian Citizen with an H-1B visa has a validity date from 1st February 2018 to 31st January 2021. During this period, the worker visited his family in his own country for three months. So, those three months won’t be counted from his H-1B status. 

• It is a significant law as it allows international candidates to get the most out of the six-year validity. 

For example, the Indian Citizen having an H-1B visa from 1st February 2018 to 31st January 2021 has spent three months in his own nation, i.e., from 1st January 2019 to 31st March 2019. 

As a result, the new validity of the work visa USA will be up to 30th April 2021.  

• The same H-1B concept applies to the L-1 visa holders, who can complete their six years in the US. 

Discussing the L-1 status here is essential because some workers frequently shift from L-1 visas to H-1B visas. 

So, let’s learn how they calculate the six years of their L-1 and H-1B status periods. 

Similar to the H-1B visas, the recapture concept applies to L-1 visa holders. So, if they spend some time in another country from their allocated period, that time won’t be counted. Hence, the L-1 holders can apply the remaining time in their H-1B status. 

Noteworthy point: The recapture concept is inapplicable to the dependents of H and L visa holders. The dependents must leave the US once their validity expires, even if they had stayed some time in another country. 

To avail this opportunity, H-4 visa holders (dependents) must apply for an H-1B visa. 

For example, a worker has an H-1B visa, and his wife accompanies him with an H-4 ticket. Now, the US government gives the right to spouses to change their visas from H-4 to H-1B. Then, they will be entitled to the recapture concept. Consequently, the spouse’s time on H-4 access won’t affect the H-1B status. 

Now, we understand how the validity period is calculated in an H-1B visa. Let’s also look at some exceptions.

Exceptions In The Validity Of H-1B Visas:

First Exception:

Usually, the maximum validity of an H-1B visa is six years. However, there are a few exceptions that can extend these six years as well. They fall under a US law known as American Competitiveness in the Twenty-First Century Act. It is also referred to as AC21. 

An H-1B visa holder can extend the duration of the visa if they are the beneficiary and approved for an immigrant worker petition. The petition is filed under I-140 law. However, it doesn’t mean they will get an immigrant green card, as the H-1B visa date is not up-to-date. 

For example, suppose you are an H-1B visa holder and have obtained I-140 in the EB-1 category. Now, your H-1B visa will expire on 30th April 2022. 

However, your priority date is 15th April 2020, which means your cutoff date will be 21st April 2019. You can see that you don’t have a priority date before the cutoff date. Hence, you are ineligible to apply for immigration status. 

In such cases, you can increase your H-1B visa till your priority date becomes up-to-date. 

Second Exception: 

You can apply for an H-1B visa process to extend its validity by filing the PERM or ETA application. In this scenario, the candidate’s employer files the petition on their behalf. The petition criteria are I-140. 

Third Exception:

H-1B visa holders can extend the validity beyond six years via AC21 provisions. However, as these provisions have significant backlogs, the visa date sometimes extends to 10, 15, or 20 years. 

Now, let’s look at another critical factor, i.e., how long the H-1B visa holders’ dependents can live in the US.

H-1B Worker’s Dependents Duration

The spouse of the H-1B visa holder possesses unlimited H-4 access and can continue to live with their husband. However, the exact condition is inapplicable to children as they cannot marry and should be under 21 years.

So, parents can obtain a green card for the family to permanently allow the child to live in the US. Otherwise, children can continue to live under F-1 status as students.

Expert Consultation

The H-1B visa is the most demanding visa among the rest as it comes with various benefits and opportunities for validity extension.

In addition, this US work permit visa also benefits the applicant’s spouse. Apply for this visa and find a beneficiary who can permit your employment and stay in the United States.

In case, you have any query regarding this visa type, you can consult Work Permitz professionals!
Meta Description - The duration of H-1B Visa holders in the USA is three years. However, it is extendable for additional three years. Though, to learn about its duration, you can seek professional help!