Calculate Your H-1B Maximum Stay Date

The H-1B maxout date is the last day you are authorized to work in the United States on an H-1B visa. An H-1B visa is usually valid for a maximum of six years (in two 3-year increments), after which you must either leave the U.S. or change to another status.

This six-year limit is established by the Immigration and Nationality Act (INA) and specifically by Section 214(g)(4). Time spent outside the US while in H-1B status can be "recaptured" to extend your maxout date.

Time recapture allows H-1B visa holders to extend their maximum stay in the US beyond the standard six-year limit by adding back days spent outside the country during their H-1B period.

Key points about time recapture:

• Each day spent outside the US while in H-1B status can be recaptured
• You must provide evidence of your absence (passport stamps, boarding passes, travel itineraries)
• Time is recaptured by filing an H-1B extension with USCIS
• Even a single day outside the US counts for recapture purposes
• There is no limit to how many days can be recaptured

The American Competitiveness in the 21st Century Act (AC-21) allows certain H-1B holders to extend their status beyond the six-year limit under specific circumstances:

• Section 106(a): One-year extensions if 365 days or more have passed since the filing of a labor certification or I-140 petition.
• Section 104(c): Three-year extensions if you have an approved I-140 petition but cannot file for adjustment of status due to per-country visa limitations.

When your H-1B reaches the 6-year maximum, you generally have several options:

• AC-21 Extension: If you have a pending green card process with qualifying criteria
• Change of Status: Switch to a different visa category (L-1, O-1, etc.)
• Depart the U.S.: Leave for at least one year, after which you become eligible for a new 6-year H-1B period
• Green Card Approval: If your green card is approved before maxout