Did you know that it’s possible to extend your H1B status beyond the typical six-year limit if you have an approved National Interest Waiver (NIW) petition? Here’s how it works.
H1B Six-Year Limit
H1B visa holders generally have a six-year limit on their stay in the United States under H1B status. However, there are ways to extend this period, especially if you are facing delays or backlogs in your priority dates for adjusting status.
Extension with an Approved I-140 Petition
If you have an approved I-140 petition but are unable to adjust your status due to delays or priority date backlogs, you can extend your H1B status beyond six years. In many instances, a U.S. employer sponsors the I-140 immigrant petition. However, you can also achieve the same benefit through a self-petition for a National Interest Waiver (NIW).
National Interest Waiver (NIW)
The NIW is a type of green card petition that allows individuals to self-petition if their work is in the national interest of the United States. If you have an approved NIW petition, you can extend your H1B status just as you would with an employer-sponsored I-140.
Key Takeaways
- H1B Extension: You can extend your H1B status beyond six years with an approved I-140 petition.
- Self-Petition Option: The same benefit applies if you self-petition through an NIW.
- Priority Date Backlogs: Extensions are possible even if you cannot adjust status due to delays or backlogs.
For more detailed information on extending your H1B status and understanding the benefits of an NIW petition, explore our free resources and schedule a consultation with our expert immigration attorneys today.
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