How long can an alien be in H-1B status?

Under current law, an alien can be in H-1B status for a maximum period of six years. After that time, an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Department of Defense projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when:

• The foreign national is the beneficiary of an approved I-140 petition and an immigrant visa is not available at the time the H-1B petition is filed;
• The foreign national is the beneficiary of a PERM petition or I-140 petition that was filed over 365 days ago; or
• The foreign national is recapturing time spent outside the US during the past 6 years in H-1B status.