H-1B / L-1 Maximum Stay Calculator
H-1B has a total limit of 6 years; L-1A is 7 years and L-1B is 5 years. ⚠️ H and L time is counted together (8 CFR 214.2(h)(13)(iii)(A) says H and/or L) — they are not separate allowances. If you spent 4 years on L-1B and then switch to H-1B, you do not get a fresh 6 years. This tool calculates when you max out, and identifies the two legal routes for extending beyond that and the time abroad you can recapture.
H-1B/L-1 Max-Out Calculator
Calculate when you reach your visa time limit, including recapturable time
The start date on your first H-1B/L-1 I-797
Two Routes Past 6 Years
AC21 §104(c): three years at a time
If your I-140 is approved but your I-485 can't be approved because of the per-country limit, you can get extensions of up to three years at a time, with no limit on how many. Note that the law says "up to 3 years" and it is discretionary — a full three years is not guaranteed.
AC21 §106(a)-(b): one year at a time
Under 8 CFR 214.2(h)(13)(iii)(D)(1), the condition is that a PERM or I-140 was filed at least 365 days ago — counted from the filing date; it does not have to still be pending. So if your I-140 is already approved and you are just waiting for your date, you still qualify. It also doesn't have to happen before your sixth year starts. You can extend one year at a time until there is a final decision on the green card application.
Recapturing time spent abroad
Days spent outside the U.S. while in H-1B status don't count toward the limit and can be recaptured. But this isn't automatic — the regulation puts the burden of proof on the applicant, USCIS can grant all, some or none of it, and only trips of more than 24 hours count. There is no written recapture provision for L status. You need to submit full travel records and I-94 evidence.
Frequently Asked Questions
- Does time as a student or in another status count toward the 6 years?
- No. The limit counts only time actually spent in H-1B status. After you have been out of H-1B for a full year, you can be subject to the cap again and start a new 6 years.
- Does changing employers reset the 6 years?
- No. The limit is counted per person, not per employer.
Sources: Data and Law
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This tool gives estimates based on public regulations and government data, for reference only. It is not legal advice. We are not a law firm. Every case is different — talk to an immigration lawyer before making a decision.