Maximum H-1B Period of Stay: An approved H-1B petition is valid for a period of up to three years .See 8 CFR 214.2(h)(9)(iii)(A)(1). Prior to the expiration of the initial H-1B petition, the petitioning employer may apply for an extension of stay, or a different employer may petition on behalf of the temporary worker. See 8 CFR 214.2(h)(2)(i)(D) & (15)(ii)(B). However, any such extension only be granted for a period of time such that the total period of the temporary worker’s admission does not exceed six years. See INA sec. 214(g)(4), 8 U.S.C. 1184(g)(4); 8 CFR 214.2(h)(13)(iii)(A). At the end of the six-year period, such alien must either seek permanent resident status or depart the United States. See 8 CFR 214.2(h)(13)(iii)(A). The foreign national may be eligible for a new six-year period of admission in H-1B nonimmigrant status if he or she remains outside the United States for at least one year. See 8 CFR 214.2(h)(13)(iii)(A).

H-4 Dependants Maximum Period Stay: Limitations on the duration of time spent in H-1B nonimmigrant status refer only to the principal alien worker in H-1B status and do not apply to the principal worker’s spouse and children. Time spent, as an H-4 dependent does not count against the maximum allowable period of stay available to principals in H-1B status. Thus, an alien who was previously an H-4 and subsequently becomes an H-1B principal will be entitled to a maximum period of stay. Conversely, an H-1B principal who subsequently converts H-4 status may remain in the derivative status for as long as the principal alien spouse maintains that principal status.