H-1B six-year limit and the PERM 365-day rule
The day H-1B status runs out, and the last day a PERM can be filed so the one-year extensions stay open. Dates and citations, nothing predicted.
Or the earliest H-1B or L-1 start if the six years combine.
Time abroad during H-1B status can be recaptured.
Filed, or the date it is planned for.
Common questions
What is the 365-day rule?
AC21 section 106(a), at 8 CFR 214.2(h)(13)(iii)(D), lets an employer extend H-1B status in one-year increments beyond the six-year limit when a labor certification (the PERM) or an I-140 was filed at least 365 days before the extension would take effect, and the case has not been denied, withdrawn or abandoned. The PERM's filing date is DOL's receipt date, which is also the case's priority date.
What if the PERM is filed inside the last 365 days?
The one-year extensions under 106(a) are not available on that filing. A three-year extension under section 104(c), at 8 CFR 214.2(h)(13)(iii)(E), needs an approved I-140 and a priority date that is not current; it does not depend on the 365 days. Time spent outside the United States during H-1B status can also be recaptured to push the limit later.
Does time in L-1 status count toward the six years?
Yes. INA 214(g)(4) and 8 CFR 214.2(h)(13)(iii)(A) count time in H-1B and L-1 status together toward the six-year limit. Enter the earliest start of either status.
Is this legal advice?
No. It is arithmetic on the dates you enter, with the regulation each date comes from. Whether your particular history qualifies, including gaps, recapture and prior petitions, is a question for the attorney who files.