The H1B visa is initially granted for three years and can be extended for an additional three years, totaling six years. After this period, unless you qualify for an exception—such as ongoing green card processing under AC21—you must either:
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Leave the United States for at least one year before applying for a new H1B, or
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Transition to another visa category.
Failing to act after the expiration of your H1B visa can result in unlawful presence, which can affect future visa or green card applications.
Step-by-Step Guide to Getting a New Visa After H1B Expiry
Step 1: Assess Your Current Status
Before taking any further steps, determine:
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Whether your H1B has already expired or will expire soon.
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Whether you are within your 60-day grace period (if applicable).
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If you’ve already used the full six years of H1B time.
If you’re still within the grace period or haven’t hit the six-year cap, you may have more options available.
Step 2: Consider the One-Year Abroad Rule
If you’ve already used up all six years under the H1B visa, U.S. immigration law requires you to spend at least one full year outside the United States before applying for a fresh H1B.
Important Tips:
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Keep a record of your travel and time spent outside the U.S. It can be used to “recapture” unused H1B time.
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Use this time to gain additional skills, certifications, or qualifications that can strengthen your next application.
Step 3: Explore Other Visa Options
Several visa categories can allow you to return to the U.S. or remain legally after your H1B expires:
A. L-1 Visa (Intra-Company Transfer)
If you work for a multinational company with offices both in the U.S. and your home country, you might qualify for an L-1 visa. This visa allows for a transfer to the U.S. office in a managerial or specialized knowledge role.
B. O-1 Visa (Individuals with Extraordinary Ability)
If you’ve achieved significant accomplishments in your field (science, education, arts, business, athletics), the O-1 visa might be an option. This visa is employer-sponsored and ideal for highly-skilled professionals.
C. F-1 Visa (Student Visa)
If you want to continue your education, you can enroll in a U.S. academic program and apply for an F-1 student visa. This not only lets you stay legally in the country but can also help you transition to Optional Practical Training (OPT) or even a new H1B later.
D. B-2 Visa (Tourist Visa)
If you need more time to wrap up affairs in the U.S. or plan a return, a B-2 visa may grant a temporary stay. However, this is not a long-term solution and does not allow work authorization.
E. H4 Visa (Dependent Spouse Visa)
If your spouse holds an H1B or other work visa, you may be eligible for an H4 dependent visa. In some cases, H4 visa holders can also obtain work authorization.
F. Employment-Based Green Card
If your employer is willing to sponsor you for a green card, you may apply for one even before your H1B expires. If your green card process has reached a certain stage (I-140 approved), you may qualify for further extensions beyond six years under AC21 provisions.
Step 4: Apply for a New H1B (After 1 Year Abroad)
If you’re outside the U.S. and have waited at least 365 days since your previous H1B time, you may apply for a new H1B petition through the standard cap lottery process.
Key Notes:
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The new petition is subject to the annual H1B cap unless you’re applying for a cap-exempt position (e.g., universities or nonprofit organizations).
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Your previous H1B experience and history may improve your chances with employers.
Step 5: Plan Your Strategy with an Immigration Attorney
Visa transitions, especially after H1B expiry, can be complex. A qualified immigration attorney can:
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Evaluate your specific case.
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Help you understand which visa you qualify for.
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Assist with timely paperwork and legal compliance.
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Maximize your chances of approval for a new visa.
Common Challenges After H1B Expiry
1. Out-of-Status Concerns
If you stay in the U.S. beyond the allowed time without a valid visa or status, you begin to accrue unlawful presence. Staying over 180 days unlawfully can result in a three-year ban from re-entry. Over 365 days could lead to a ten-year ban.
2. Job Loss During H1B Period
If you lose your job before your H1B expires, you are allowed a 60-day grace period to find a new employer, change your status, or leave the country. If this grace period expires without action, you will be out of status.
Best Practices to Avoid Legal Issues
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Act early: Start planning your next visa move at least 6–12 months before your H1B expiration.
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Maintain accurate records: Keep track of visa expiration dates, travel, and any immigration correspondence.
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Don’t overstay: Always respect the terms of your visa to maintain a clean immigration record.
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Communicate with your employer: Discuss green card sponsorship or other visa options in advance.
Frequently Asked Questions
Can I switch from H1B to a green card?
Yes. Many H1B holders transition to a green card through employment-based categories like EB-2 or EB-3. If your green card application has progressed past the I-140 approval stage, you may be eligible for H1B extensions beyond six years.
Can I apply for a tourist visa after my H1B expires?
Yes, but it should be used for short-term stays. A B-2 visa is not intended for employment or long-term residence.
Do I have to leave the U.S. immediately after my H1B expires?
Not always. If you are within a 60-day grace period or have filed a timely change-of-status application, you may remain legally while the decision is pending.
Final Thoughts
The expiration of your H1B visa is not the end of the road. There are several options to stay in or return to the U.S. legally, depending on your career path, qualifications, and personal goals. Whether it’s applying for a new H1B after a year abroad, switching to an O-1, F-1, or L-1 visa, or exploring green card pathways, being informed and proactive is crucial.
Working with an experienced immigration attorney, staying aware of your legal status, and making timely decisions can help ensure a smooth transition to your next visa journey in the United States.