Man Claims His H-1B Visa Has Been Renewed Ten Times — Can Employers Really Do That?

Certain H-1B visa holders in the United States can remain beyond the standard six-year limit if they are progressing through the employment-based green card system, under provisions set out in the American Competitiveness in the Twenty-First Century Act (AC21).

The H-1B visa is normally issued for an initial three-year period and may be renewed once, creating a maximum stay of six years. However, US immigration law allows extensions for workers whose employers have begun the permanent residency process before that limit is reached.

Under AC21, workers may qualify for one-year H-1B extensions if an employer filed a PERM labour certification or an I-140 immigrant petition at least 365 days before the end of the six-year period. These annual renewals can continue while the green card application remains pending.

Workers with an approved I-140 petition may also receive extensions in three-year increments if they cannot file Form I-485 because immigrant visas are unavailable under the State Department’s visa bulletin system. These extensions remain available until the applicant’s priority date becomes current.

The rules are particularly important for nationals of countries such as India and China, where demand for employment-based green cards exceeds annual visa quotas. Many applicants from these countries face long waiting periods before they can complete the permanent residency process.

During this period, eligible H-1B holders may continue living and working legally in the United States. In some cases, they can also change employers while keeping their original priority date.

The issue recently gained wider attention after a social media post described an individual who had lived in the United States on an H-1B visa for 20 years. Such cases reflect the impact of long visa backlogs and the structure of the US employment-based immigration system.

For employers, the AC21 provisions help retain skilled workers whose green card applications remain unresolved. For employees, they provide a legal pathway to remain in the country while awaiting permanent residency decisions.

Immigration lawyers note that eligibility for these extensions depends on meeting specific legal requirements. Applicants are generally advised to seek professional guidance to ensure compliance with current immigration rules.