Is there a limit on annual H-1B renewals after the maximum period, with an I-140 pending?

As a general rule, there is no fixed number of annual renewals for the H-1B in this scenario. When a professional has already reached the maximum period of stay normally granted but has an I-140 (the employment-based immigration petition) pending, U.S. immigration law provides for the possibility of extending status in annual increments while the green card process has not yet concluded.

The underlying rationale is to prevent the professional from losing status simply because the green card backlog is long. As long as the conditions authorizing the extension remain in place, renewals can continue year after year, with no pre-defined cap on how many times they may occur.

This benefit, however, depends on specific requirements: the I-140 must be pending or approved under the applicable conditions, and the position and other terms of the petition must remain unchanged. If the I-140 is revoked or the conditions are no longer met, the basis for extensions may cease to exist, affecting the individual’s status.

Since the exact criteria are evaluated on a case-by-case basis and may change, confirm the current rules on the official USCIS website or with a qualified professional before relying on an extension.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.