Is there an annual renewal limit after 6 years with a pending I-140?

It is common for many professionals to wonder about the possibility of extending the H-1B visa beyond the six-year period, especially when there is already a pending I-140. This is a matter that involves specific rules set forth in United States immigration law, mainly through the provisions of the American Competitiveness in the Twenty-First Century Act (AC21).

In general, if your I-140 has been pending for at least 365 days before the end of the six-year period, you may request annual extensions of your H-1B visa. This prerogative allows you, even after completing six years, to continue maintaining H-1B status in one-year increments while waiting for the completion of the process that may lead to permanent residence.

It is important to highlight that AC21 does not stipulate a maximum number of annual renewals in this context; what is required is that the initial criteria are met and that there is no change regarding the position or other applicable conditions. However, it is essential to be attentive: if the I-140 has not yet reached the minimum 365-day pending period or if it is revoked, the conditions for these renewals may no longer apply, which can impact your immigration status.

Each case has its particularities and should be carefully analyzed within the broader context of U.S. immigration laws. It is always advisable to strictly follow the rules and seek guidance from specialized professionals in the field, in order to avoid inconsistencies that may jeopardize your stay.

Additionally, beware of approaches that promise easy or guaranteed solutions – the best strategy is always to have qualified advice and up-to-date information on changes in immigration legislation. Staying informed and acting in compliance with the law is essential to ensure that all procedures occur correctly and safely.

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.