It is recommended that employees keep their underlying H-1B status valid until the adjustment application (I-485) is approved. Extension beyond the six-year limit is possible. Under sections 104 and 106 of the American Competitiveness in the 21st Century Act (ACT 21), it is possible to obtain H-1B status beyond the six-year limit for the following individuals:

  • 365 days or more have passed since the filing of any application for labor certification
  • 365 days or more have passed since the filing of I-140
  • The alien is the beneficiary of an approved employment-based immigration petition (I-140) and is not able to file to adjust status (I-485) to United States permanent legal residence based on the unavailability of an immigrant visa number

Please consult with an International Center adviser for further details on filing extensions beyond six years.