Bronx H-1B Visa Lawyers

Bronx H-1B Visa Lawyers

You’ve been working in the United States on an H-1B visa for five years. Your employer started your green card process, but it’s nowhere close to completion. Your H-1B status will expire in one year, and you’re starting to panic. What happens when you hit that six-year limit? Do you have to leave the country? Can you keep working? The answers depend on where your green card application stands.

The H-1B visa has a maximum duration of six years – an initial three-year period plus one three-year extension. Once you’ve used all six years, you’re generally required to leave the United States for at least one year before you can get another H-1B. But there’s an exception that most H-1B guides mention only briefly: if you have a green card application in progress, you may be able to extend your H-1B status beyond the six-year limit indefinitely.

This exception, created by the American Competitiveness in the 21st Century Act (AC21), has two different provisions depending on where your green card process stands. Understanding the difference between these provisions – and the timing requirements involved – can be the difference between staying in the US legally and being forced to leave everything behind.

This article explains what actualy happens when you approach the H-1B six-year limit, how AC21 extensions work, and what you need to do to qualify. If your in the Bronx and worried about your H-1B running out, this is the information you need.

What Happens at the Six-Year Limit

Lets start with the basic rule. H-1B status is limited to a maximum of six years. After you’ve used all six years, your authorization to work and remain in the US ends. If you dont have another valid status, your expected to leave the country.

This isnt a flexible deadline. When your six years are up, there gone. You cant just apply for another extension like you did before. The standard H-1B extension process only works within the six-year limit – once your at that limit, regular extensions arnt available.

If you reach the six-year limit without a pending green card application that qualifies for AC21, you must leave the United States. Theres a one-year waiting period before you can apply for a new H-1B. That means spending atleast a year outside the country before you can return to work in the US on H-1B status.

This is why planning matters so much. If your employer dosnt start your green card process early enough, or if the timing dosnt work out, you could find yourself forced to leave the US even though you have a job waiting for you and a career youve built over six years.

AC21 Section 106 – One-Year Extensions

The American Competitiveness in the 21st Century Act created exceptions to the six-year limit for H-1B workers with green card applications in progress. The first exception is Section 106, which allows one-year extensions.

Heres how it works: If your employer filed a PERM labor certification or I-140 immigrant petition on your behalf atleast 365 days before your six-year limit runs out, you can get a one-year H-1B extension. The I-140 dosnt have to be approved yet – it just needs to have been filed atleast a year before you need the extension.

These one-year extensions can continue indefinitly as long as your green card process remains active. If your waiting for PERM approval, you can get extensions. If your waiting for I-140 approval, you can get extensions. If your I-140 is approved but your priority date isnt current, you can get extensions. The key is that the green card process is ongoing and hasnt been denied or abandoned.

The 365-day requirement is critical. If your employer files your PERM on day 350 of your sixth year, you dont qualify – because 365 days wont have passed before your status expires. Your employer needs to start the green card process early enough to meet this timing requirement.

One important point: the employer filing for the one-year extension dosnt have to be the same employer who filed your PERM or I-140. If you change jobs, your new employer can file the extension as long as you have a qualifying PERM or I-140 from any employer thats atleast 365 days old.

AC21 Section 104(c) – Three-Year Extensions

The second exception is even better for H-1B workers with approved I-140s. Section 104(c) allows three-year extensions – but it has stricter requirements.

To qualify for three-year extensions, you need an approved I-140 petition. Unlike Section 106, a pending I-140 isnt enough. The petition must actualy be approved.

You also need to be unable to file for adjustment of status because of visa number limits. This typicaly means your priority date isnt current – there are to many people ahead of you in line for the limited number of green cards available each year. For workers from countries like India and China with severe visa backlogs, this situation can last for many years.

The advantage of three-year extensions is obvious: instead of renewing your H-1B every year, you get three years at a time. This means less paperwork, less uncertainty, and less risk of processing delays causing gaps in your status. For workers who might be waiting a decade or more for there green card, three-year extensions make life significantly more manageable.

Like Section 106, the employer filing for the three-year extension dosnt have to be the employer who filed your I-140. Your approved I-140 is portable – any US employer can use it as the basis for extending your H-1B status.

The 365-Day Timing Requirement

The timing requirement for AC21 extensions trips up alot of people. Lets break it down clearly.

For one-year extensions under Section 106, the rule is: your PERM or I-140 must have been filed atleast 365 days before the requested H-1B extension start date. That means if your H-1B expires on December 31, 2025, your PERM or I-140 must have been filed by December 31, 2024 at the latest.

This creates a planning problem. PERM labor certification itself takes 1.5-2 years on average. If your employer starts your PERM when your in year four of your H-1B, you might not have it filed early enough to meet the 365-day requirement before your six-year limit.

The safe approach is for employers to start the green card process by the end of year two or beginning of year three. This gives enough time for PERM processing and ensures the 365-day clock starts ticking with plenty of buffer before the six-year limit.

If your approaching year five and your employer hasnt started your green card process, this is an urgent conversation to have. Every month of delay at this point makes it harder to qualify for extensions beyond six years.

What If You Dont Have a Green Card Application

Not everyone approaching there six-year limit has a green card application in progress. Maybe your employer didnt sponsor you. Maybe the process was started but denied. Maybe you changed jobs and the new employer hasnt started the process yet. What are your options?

Start immediately. If your employer is willing to sponsor your green card, start the process now, even if your already in year five or six. You might not meet the 365-day requirement in time, but getting the process started is better then not having it at all. Some applicants have gotten extensions even without the full 365 days in certain circumstances.

Leave and return. If you must leave the US because you’ve exhausted your six years without a qualifying green card application, you can return on a new H-1B after one year abroad. This isnt ideal, but it preserves the option to return. Your employer can file for you while your outside the US.

Change status. Depending on your qualifications, you might be eligible for a different visa category. O-1 visas for extraordinary ability, L-1 visas for intra-company transfers, or other categories might provide an alternative path to staying in the US while your green card is processed.

Use recaptured time. Time spent outside the US while in H-1B status dosnt count against your six-year limit. If you traveled abroad frequently, you may have months or even years of “recaptured” time that extends your deadline. This requires careful calculation and documentation, but it can provide crucial extra time.

Recapturing Time Spent Abroad

Heres something many H-1B workers dont realize: the six-year limit counts only time actualy spent in the US. Days spent abroad – for business travel, vacations, family visits – dont count against your H-1B time.

If youve traveled outside the US frequently during your H-1B status, you may have accumulated weeks, months, or even years of reclaimable time. This time can be added back to your H-1B, effectivly extending how long you can remain in status.

To recapture this time, you need documentation of your travel – passport stamps, airline records, employment records showing business travel. Your employer files an extension request showing the calculation of time spent abroad, and USCIS may grant an extension for that recaptured period.

This can be a lifesaver if your approaching the six-year limit and dont quite have the 365 days of green card processing needed for AC21. Recaptured time might give you the extra months needed to meet the requirement.

Changing Employers During the Extension Period

One of the most important aspects of AC21 extensions is portability. If you have an approved I-140, you can change employers and still qualify for H-1B extensions beyond six years – as long as your new job is in the same or similar occupational classification.

Your approved I-140 belongs to you, not your employer. Even if you leave the employer who filed it, the I-140 approval (and your priority date) remains valid as long as you dont abandon your green card process. This gives you flexibility to change jobs without losing years of progress toward permanent residency.

When changing employers during the extension period, the new employer files a new H-1B petition on your behalf, citing your existing approved I-140 as the basis for the beyond-six-years extension. You continue working under H-1B portability while the new petition is processed.

This portability is why many H-1B workers stay in the US for ten, fifteen, even twenty years while waiting for there green card. There able to change jobs, advance there careers, and maintain legal status throughout the process.

What Happens While Waiting for the Green Card

For workers from backlogged countries, the wait for a green card can stretch for over a decade. During this time, your maintaining H-1B status through AC21 extensions while periodically checking the visa bulletin to see if your priority date has become current.

Once your priority date becomes current, you have options:

Adjustment of status (I-485): If your in the US, you file I-485 with USCIS. While the application is pending, you can get work authorization (EAD) and travel documents (Advance Parole) that provide flexibility beyond H-1B status.

Consular processing: If your abroad or prefer this path, you attend an interview at a US embassy to receive your immigrant visa.

Important: Once your priority date becomes current, you generaly need to file your I-485 within one year. If you dont, you may lose eligability for further H-1B extensions. This deadline is critical – dont let your priority date become current and then miss the filing window.

Common Mistakes That Cost H-1B Workers There Status

Understanding the rules isnt enough if you dont avoid the common mistakes that cause people to lose there H-1B status even when extensions should have been available.

Starting the green card process to late. This is the number one mistake. Employers often wait until year four or five to start PERM, not realizing how long the process takes. By the time PERM is filed, theres not enough time to meet the 365-day requirement. Start the conversation with your employer by year two at the latest.

Not understanding the timing calculations. The 365-day requirement counts from when the PERM or I-140 was filed, not from when it was approved. Many people mistakenly think they need an approved I-140 for one-year extensions – they dont. But they do need to have filed atleast 365 days before the extension is needed.

Assuming your employer knows the rules. Many HR departments and even some immigration attorneys arnt fully familiar with AC21 provisions. Dont assume your employer will handle everything correctly. Understand the requirements yourself and advocate for starting the process on time.

Letting the I-140 expire or be withdrawn. If you leave your employer and they withdraw your I-140 before it was approved for 180 days, you lose the basis for your extensions. Understanding I-140 portability rules is crucial before making job changes.

Missing the I-485 filing deadline. Once your priority date becomes current, you generaly have one year to file I-485. Missing this deadline can end your eligability for further H-1B extensions. Track the visa bulletin and be ready to file when your date becomes current.

Working With Your Employer on the Timeline

Your employer controls the green card process. You cant file PERM yourself, and the employer decides when to start. This creates a difficult dynamic – your immigration future depends on someone elses decisions and priorities.

Have the conversation early. In your first year of H-1B status, ask your employer about there green card sponsorship policy. Do they sponsor employees? When do they typicaly start the process? Understanding there approach helps you plan.

If your employer is reluctant to start early, explain the timing requirements. Many employers dont realize that waiting until year four or five might not leave enough time for AC21 eligability. Providing information about the 365-day requirement can help them understand why earlier is better.

Document everything. Keep copies of PERM filings, I-140 receipts, approval notices, and any other documents related to your green card process. If you change jobs or if there are disputes, having your own copies protects you.

Consider your options if your employer wont start the process. Some H-1B workers change jobs to employers who will sponsor there green card. Others explore self-petition options like the EB-1A (extraordinary ability) or EB-2 NIW (National Interest Waiver) that dont require employer involvement. These have higher requirements but provide more control over your own immigration future.

Finding a Bronx H-1B Lawyer

Navigating the six-year limit and AC21 extensions requires understanding complex timing rules and maintaining careful documentation. A Bronx immigration lawyer experiance with H-1B issues can help ensure you meet all requirements and maximize your options.

Look for attorneys who specificaly handle H-1B extensions beyond six years. Ask about there experiance with AC21 cases. Inquire about there understanding of recaptured time calculations. The nuances of these rules matter, and getting them wrong can have serious consequences.

If your approaching year five of your H-1B, or if your employer hasnt started your green card process, consult with an attorney now. The earlier you plan, the more options you have. Waiting until your six-year limit is months away leaves less room for error.

Your H-1B status represents years of work, career development, and life building in the United States. Dont let the six-year limit end that without exploring every option for extending your stay legaly.

Premium Processing and Timing Strategies

When your dealing with tight timelines around the six-year limit, premium processing can be a valuable tool. For an additional fee ($2,805 as of 2025), USCIS guarentees a decision on your H-1B extension within 15 buisness days.

Premium processing dosnt guarentee approval – it guarentees a decision. You might get an approval, a denial, or a Request for Evidence (RFE). But knowing your status quickly helps you plan, especialy when your approaching critical deadlines.

For AC21 extensions, consider premium processing if your cutting it close on timing or if regular processing times might create gaps in your status. The peace of mind is often worth the extra cost.

Taking Action Before Time Runs Out

If your reading this article, you probably have some level of concern about your H-1B timeline. That concern is valid – the six-year limit is real, and missing the deadlines for AC21 qualification can have serious consequences.

Heres what to do: First, calculate exactly how much H-1B time you have remaining, including any recapturable time spent abroad. Second, assess were your green card process stands – do you have a pending PERM, a filed I-140, an approved I-140? Third, determine if you meet or can meet the 365-day requirement before your time runs out.

If the numbers work, ensure your employer understands the timing and files for your extension in plenty of time. If the numbers dont work, explore alternatives – starting a green card process now, recapturing time, or considering other visa categories.

The worst outcome is doing nothing and hoping it works out. The six-year limit dosnt bend for hope. Plan now, act now, and give yourself the best chance of staying in the country youve made your home.