After 6 years on an H-1B, can I immediately request a new cap?

The United States immigration law is complex, and there are specific rules for the H-1B visa, which can cause confusion when someone reaches the 6-year limit. Basically, the H-1B visa allows a maximum stay of 6 years; however, there are situations that allow extensions or recapturing time, such as periods spent outside the country.

In a scenario where the beneficiary does not have an immigration petition (like an approved I-140) that permits extensions beyond 6 years, usually, after using the full period, the person must leave the country for a minimum of 1 year before requesting a new slot in the H-1B lottery. In other words, it is not possible to immediately ”request a new cap” upon reaching the limit.

This 1-year absence is important so that the individual can, in the future, restart the H-1B cycle, then being subject to the lottery process again. It is essential to stay attentive to updated rules and to strictly follow the United States immigration laws.

In cases like this, it is always worth seeking guidance from specialized professionals to carefully evaluate each situation and avoid traps or dubious offers that guarantee results which, in reality, cannot be assured by the current regulations. Each case has its particularities and conditions may vary based on individual circumstances.

Remember the importance of verifying reliable sources and staying updated on possible changes in immigration law, so you can make well-informed and safe decisions.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.