H-1B 6-Year Limit Reverse Planner | Visafig Official Figures
Most H-1B workers find out too late that the six-year cap is a hard wall — and that their green card is still years away. This h1b 6 year limit planner works backward from your max-out date instead of forward from today. Tell it when your H-1B started, your target green-card year, and your time abroad, and it back-calculates the last PERM filing and I-140 approval dates that keep your AC21 extensions alive. It’s the timeline view recruiters and immigration lawyers rarely hand you up front.
Photo: Luca Bravo via UnsplashEnter your H-1B start, a target green-card year, and your abroad time to back-calculate the last PERM and I-140 dates that keep AC21 extensions alive.
Frequently Asked Questions
What is the H-1B 6-year limit?
Under INA §106, an H-1B worker can generally hold the status for a maximum of six years (two three-year terms). Time physically spent outside the U.S. is recaptured and added back, so the real 'wall' is six years minus your days abroad.
How does the AC21 365-day rule work?
Once a PERM labor certification has been pending for more than 365 days, you can extend your H-1B in one-year increments beyond the six-year cap even if a visa number is not yet available. The extension must be filed before the cap is reached.
What if my I-140 is already approved?
With an approved I-140, you can extend in three-year increments instead of one-year increments, as long as your priority date is not current and a visa number is unavailable. This is the steadier path for long India or China backlogs.
How does recapture of time abroad work?
Every day you spend outside the U.S. on H-1B can be subtracted from the six years when you compute your max-out date. A worker who spent 60 days abroad over six years reaches the wall 60 days later than the raw start date suggests.
What if I never filed PERM in time?
If neither a PERM has been pending 365+ days nor an I-140 is approved by the wall, you generally must leave and wait for a visa number. The reverse planner shows the latest PERM file-by date so you can avoid landing in that gap.
Can I stay on H-1B beyond six years at all?
Yes — only through AC21 extensions tied to a pending PERM (365+ days) or an approved I-140. Without one of those, the six-year clock is a hard stop unless your priority date is already current.
Does my spouse's H-4 EAD help?
An H-4 EAD lets your spouse work once your I-140 is approved, which is often what makes a long AC21 extension period financially survivable. It does not extend your own H-1B, but it keeps household income steady while you wait.
Does switching employers reset the clock?
A new employer files a fresh H-1B petition, but the six-year total is measured across all H-1B time for the same beneficiary. A pending PERM or approved I-140 from a prior employer can still support AC21 extensions if it remains valid.
What is the gap risk if my dates slip?
If your PERM is filed even a few weeks too late to be pending 365 days by the wall, you lose the one-year extension path and may have to depart. The 60-day buffer in this planner is a safety margin, not a legal requirement.
What is the main planning tip?
Work backward from your wall, not forward from today. File PERM early enough that it clears 365 days of pending time before your max-out date, and drive the I-140 to approval so you can use the longer three-year extensions.