Liu & Associates
Who can extend H-1B status beyond the six-year maximum period?
A foreign worker can obtain an extension of H-1B status beyond the 6-year maximum period if he or she meets one of the following conditions:
- 365 days or more have passed since the filing of a Labor Certification (Form ETA-9089), or an employment-based immigrant petition (Form I-140) if Labor Certification is not required; or
- An employment-based immigrant petition (Form I-140) has been approved but due to the retrogression of priority date, the foreign worker is unable to obtain green card.