Bottom line: H-1B status is generally limited to six years, and time in L-1 status counts toward the same limit. But six years is not a hard wall. The AC21 law, passed in 2000, gives people in the employment-based green card process two ways past it: one based on the "365 days" rule and one based on an approved I-140 with a priority date that is not yet current. Neither requires your current H-1B employer to be the one sponsoring your green card. Where people get into trouble is timing. Many don't file PERM until year six, and by then the first path often can't be bridged.
This article reflects information verified as of November 3, 2026. It is general information, not legal advice for any specific case.
How are the six years counted? Can I get back time spent abroad?
The six years count the time you actually held H-1B status, plus any earlier time in L-1 status. Days you spent outside the U.S. on trips longer than 24 hours while your H-1B was valid don't count, and you can ask to "recapture" them.
Your employer requests recapture when it files the extension and has to prove it with evidence such as passport stamps, I-94 records and airline tickets, along with a chart of the dates you were abroad. USCIS may grant all of it, part of it, or none. If you travel for work often or go home every year, the recaptured time can add up to several months, so it is worth putting the records together carefully.
Path one: PERM or I-140 filed at least 365 days earlier, one-year extensions
| Point | General rule |
|---|---|
| Requirement | A PERM (if one was required) or an I-140 filed at least 365 days before the extension's start date |
| Status | Still pending or approved; a denial still on appeal, or still within the appeal deadline, also counts |
| Length | Up to one year per extension |
| Who files | Your current H-1B employer; the PERM and I-140 can come from a different employer |
| Who qualifies | Only the person named as the principal beneficiary on the PERM or I-140 |
Many people assume the 365 days must be met before the end of year six. The rule actually looks at the date the extension would begin. For example, say your six years end in late February 2027 and your PERM was filed on June 1, 2026. It won't reach 365 days until June 1, 2027, leaving a three-month gap. You can't stay in H-1B status through that gap on this path. You could fill it with recaptured time, change to another status, or leave the U.S., have your employer request an extension that starts on or after the 365th day, and come back on a new visa from abroad. That last option is a petition for someone outside the U.S., which may involve additional fees and entry restrictions, so talk to an attorney first.
The extension can be filed up to six months before its start date, even if the 365 days haven't passed yet, as long as they have by the start date. Days from two different PERM filings can't be added together.
This path ends if the PERM or I-140 is finally denied or revoked, if an approved PERM is not used to file an I-140 before it expires, or once your I-485 or immigrant visa application is decided or your case is closed. Also, once your I-140 is approved and your priority date becomes current, you generally must file an I-485 or apply for an immigrant visa within one year. Otherwise you generally lose eligibility for one-year extensions, unless USCIS, in its discretion, excuses a delay caused by circumstances beyond your control.
Path two: approved I-140, priority date not current, three-year extensions
If your I-140 is approved (EB-1, EB-2 or EB-3) and the only thing holding you back is that your priority date isn't current and an immigrant visa number isn't yet available to you, you can generally extend for up to three years at a time. It doesn't matter whether the wait comes from per-country limits or the worldwide limit.
People born in mainland China or India face long backlogs and may need several extensions in a row. Two things to keep in mind: the priority date must not be current when the extension is filed, and the I-140 can also come from a different employer.
What if neither path works?
- Recapture time abroad. Count how many days you can get back. Sometimes that alone is enough to reach the 365-day mark on path one.
- Change status. If you qualify, you could change to O-1 (extraordinary ability) or F-1 (returning to school). L-1 does not work: once you have used six years, the rules bar any extension, change of status or readmission in either H or L status.
- Live outside the U.S. for one year. Brief trips back for business or pleasure don't break the year, but the days spent in the U.S. don't count toward it. After a year, you can apply for H-1B again (a petition filed from abroad may also involve additional fees, so get advice first) and either use the time you had left or start a new six years. Starting a new six years generally means going through the lottery again.
When should you start the green card process?
Work backward. For a seamless seventh year, your PERM should ideally be filed before the end of year five. Before filing, there is a prevailing wage determination, recruitment advertising and a 30-day waiting period, which together often take several months, and Department of Labor processing times change. So by your third or fourth year on H-1B, it's time to talk to your employer about a green card.
If you are laid off partway through year six, see how the 60-day H-1B grace period works. For green card paths that don't depend on an employer's PERM, see our comparison of EB-1A and NIW.
Main sources
- 8 CFR 214.2(h)(13)(iii) (H-1B six-year limit, recapture, AC21 extensions), eCFR
- 8 CFR 214.2(h)(9)(iv) (H-4 extensions and employment authorization)
- AC21 §§106(a), 106(b) and 104(c)
- 81 FR 82398 (November 18, 2016) (AC21 final rule, effective January 17, 2017)
- USCIS: H-1B Specialty Occupations
- U.S. Department of Labor FLAG: PERM and prevailing wage processing times; 20 CFR 656.17(e) (recruitment requirements)
Lingtu Law APC
Related practice areas: Learn about H-1B services → Learn about immigration services → H-1B success stories →
Further reading: Can USCIS Now Deny Without an RFE? Policy Alert PA-2026-05, Common RFE Triggers, and How to Respond · Can You Apply for an NIW Without Publications? A Guide for Non-Academic Applicants · October 2026 Visa Bulletin: China-Born EB-3 Filing Date Advances 814 Days