H-1B Maxout Calculator

H-1B Maxout Calculator

Frequently Asked Questions

What is the H-1B Maxout 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 six years: three years initially plus a potential three-year extension. Time spent outside the US can be recaptured and may extend the maxout date.

Can the H-1B Status be Extended Beyond the Maxout Date?

Yes, under certain circumstances, H-1B status can be extended beyond the standard six-year maxout period. For example, if an H-1B holder has an approved I-140 immigrant petition but cannot apply for adjustment of status due to green card backlogs, they may be eligible for extensions beyond the 6th year under AC-21.

How are Absences from the US Calculated in the Maxout Date?

Absences from the US during H-1B status—such as vacations, business trips, and family visits—can extend the maxout date. Every day spent outside the US can potentially be 'recaptured' and used to extend the H-1B visa beyond the initial six years, provided the absence is documented and applied for with USCIS.

What Happens After the H-1B Maxout Date?

Upon reaching the maxout date, you must leave the United States unless you have applied for and been granted a different type of visa or a green card. Remaining in the US beyond the maxout date without changing your status can lead to legal issues and potential difficulty securing future US visas.

Is it Possible to Renew an H-1B Visa or Obtain a New One After Maxing Out?

If you have maxed out your H-1B, you generally cannot renew the visa or obtain a new one until you have resided outside the United States for at least one year. However, other visa categories may be available, and changing status is an option for some individuals, depending on their situation.