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 Office of Global Services adviser for further details on filing extensions beyond six years.