H-1B visa holders can typically stay in the U.S. for a maximum of six years. Initial approval is usually for up to three years, with a three-year extension available. After six years, you must remain outside the U.S. for one full year to reset the clock, unless exceptions apply.
An H-1B visa generally allows a stay of up to six years, starting with an initial three-year period and extendable for another three years, but this can be extended beyond six years if the individual is on the path to a green card (e.g., with a pending I-140 petition). Extensions beyond the six-year limit are possible in one or three-year increments depending on green card progress.
Section A: H1B to Green Card Overview
To be able to stay in the US after this six-year period, you will need to make an application to either extend H1B status under the statutory rules that allow time beyond six years, or apply for a Green Card.
If your trip will last 30 or fewer days, you may be able to re-enter the United States using the expired visa stamp. This procedure is called Automatic Visa Revalidation. Contact us for more information.
The H-1B 240-day rule allows eligible H-1B workers to continue working for up to 240 days beyond their current status expiration date while their employer's timely filed extension petition is pending with U.S. Citizenship and Immigration Services (USCIS). This "automatic" work authorization requires the extension to be filed before the current I-94/status ends and allows continued employment with the same employer until USCIS decides on the extension or the 240 days pass, whichever comes first.
Practically speaking, this fee only applies to employers who use an H-1B visa petition to bring a foreign national to the United States. Current employers of H-1 workers who wish to continue to employ this worker need not worry about this fee, and can instead file an extension of status petition.
The Three-For-One Rule
When making a determination whether a foreign national possesses the required academic credentials necessary for an H-1B occupation, the USCIS will consider three years of specialized training and/or work experience to be the equivalent of one year of college education.
If, however, the beneficiary has been physically absent from the U.S. for more than one (1) year, he/she/they are eligible for another six (6) years in H (or L) status. In other words, the six-year clock "restarts" if the beneficiary has remained outside of the U.S. for twelve (12) consecutive months.
In any case, one can readily see the underpayment, by noting that the H-1Bs are largely unable to move freely (see above) in the labor market--if one cannot move, one cannot find the best salary among competing employers. Thus the H-1Bs are on average paid below-market wages.
What will happen if I am out of the United States for more than six months? Staying outside the United States for more than 6 months but less than one year will subject you to additional questioning when you return to the United States but you are not required to have a Reentry Permit.
Yes, an H1B visa holder can apply for a Green Card (lawful permanent residency) through an employment-based path, often involving a multi-step process with their employer, starting with PERM Labor Certification, then I-140 petition, and finally I-485 Adjustment of Status, allowing them to stay in the U.S. while the complex, multi-year process unfolds, especially for high-demand countries like India or China.
Because the H-1B visa is tied directly to employment, losing your job triggers a strict 60-day grace period. During that time, you must find a new employer to sponsor you, change your visa status, or prepare to leave the country. In 2023 alone, mass tech layoffs affected over 85,000 H-1B holders.
The H-1B visa can be extended for up to a six (6)-year maximum duration. The extension cannot go beyond six years unless the H-1B employee has a pending or an approved I-140, Petition for Permanent Residency as specified by the AC21 104 (C).
There's no single H-1B minimum salary; it's the higher of the "Prevailing Wage" (set by the DOL for the job/location) or the employer's "Actual Wage" for similar roles, with four experience levels (I-IV) impacting the rate, though some rules allow $60k for "exempt" roles at certain employers, but new lottery rules prioritize higher salaries. Recent changes aim to significantly raise these levels, potentially making entry-level H-1B positions require much higher pay (e.g., over $200k in some areas) and giving higher-paid applicants a better chance in the lottery.
If an H-1B temporary worker has a spouse and/or unmarried children under 21, those family members are eligible to come to the U.S. as H-4 dependents. Note: Although the spouse and children of H-1B employees usually enter as H-4s, they are not required to do so.
The $100,000 H-1B visa fee applies to U.S. employers filing new petitions on or after September 21, 2025, for foreign workers outside the U.S. who need to obtain an H-1B visa through consular processing or at a port of entry, but it doesn't apply to most petitions for workers already in the U.S. for status changes, extensions, or employer changes, nor to previously approved H-1B visas, with rare national interest exceptions possible for specific critical workers.
Based on recent stats: - The US B1/B2 Visa 🇺🇸is often the hardest—refusal rates can range from 28% to over 50% depending on your nationality.
For years, the system has relied almost entirely on chance. Going forward, salary level will directly influence the odds of selection. H-1B will no longer be just about luck—it will increasingly reflect how the government values different jobs within the U. S.
Yes, you can travel to Canada on an H-1B visa, but you'll likely need a Canadian visitor visa and must have proper U.S. documentation to re-enter the U.S., possibly using Automatic Visa Revalidation (AVR) for short trips (under 30 days) to Canada or Mexico with an expired H-1B stamp, though it's always safest to have a valid H-1B visa stamp for re-entry. Always verify your eligibility with U.S. Customs and Border Protection (CBP) and get a Canadian visa if required by your nationality before traveling.
The H-1B 240-day rule allows eligible H-1B workers to continue working for up to 240 days beyond their current status expiration date while their employer's timely filed extension petition is pending with U.S. Citizenship and Immigration Services (USCIS). This "automatic" work authorization requires the extension to be filed before the current I-94/status ends and allows continued employment with the same employer until USCIS decides on the extension or the 240 days pass, whichever comes first.
If you are currently outside the US, you do not need to take any action related to your H-1B visa status. H-1B regulations do allow for remote work, within commuting distance of the employer.
The rule is another crucial step to strengthen the integrity of the H-1B nonimmigrant visa program. It is in line with other key changes the administration has made, such as the Presidential Proclamation that requires employers to pay an additional $100,000 per visa as a condition of eligibility.
The Trump Administration has announced a major overhaul of the H-1B visa program that will replace the long-standing lottery used to grant the visas for foreign workers with specialized qualifications with a new weighted system that favors higher-skilled and higher-paid workers.