The primary purpose of the H1B Max-Out Calculator is to provide a clear and precise understanding of how long an individual can legally work in the U.S. under an H1B visa. This tool is particularly useful for planning and ensuring compliance with U.S. immigration laws. It takes into account various factors that can extend the usual six-year limit, such as time spent outside the United States and specific immigration petitions that have been filed or approved.
Inputs Required:
- Start Date of H1B Visa: When the individual’s H1B status began.
- End Date of Current H1B Visa: When the current visa expires.
- Time Spent Outside the US: Days the visa holder was out of the U.S., which can be added back to extend the stay.
- PERM Application Filed Date: If a PERM labor certification is filed 365 days before the six-year cap, it may allow for yearly extensions.
- I-140 Approval Status: Approval of this form can enable further extensions under certain conditions.
Calculations Performed:
- Basic Max-Out Date: Calculated by adding six years to the H1B start date.
- Adjusted Max-Out Date: Includes any days spent outside the U.S. that extend the basic six-year limit.
- Extensions for PERM or I-140: Additional extensions if certain conditions are met.
Step-by-Step Examples
Example 1: Basic Calculation Without Extensions
- H1B Start Date: January 1, 2018
- Time Spent Outside US: 90 days
- Basic Max-Out Date: January 1, 2024
- Adjusted Max-Out Date: April 1, 2024 (adding 90 days)
Example 2: Calculation With I-140 Approval
- H1B Start Date: January 1, 2018
- Time Spent Outside US: 90 days
- I-140 Approval Status: Approved
- Basic Max-Out Date: January 1, 2024
- Adjusted Max-Out Date: April 1, 2025 (adding one year for I-140 approval)
Relevant Information Table
| Input Field | Description | Example Input |
|---|---|---|
| Start Date of H1B Visa | Date when H1B status starts | Jan 1, 2018 |
| End Date of Current H1B Visa | Date when current H1B visa expires | Jan 1, 2021 |
| Time Spent Outside the US | Total days spent outside the U.S. during H1B | 90 days |
| PERM Application Filed Date | Date when PERM labor certification was filed | Dec 1, 2022 |
| I-140 Approval Status | Status of the I-140 petition | Approved |
Conclusion
The H1B Max-Out Calculator is an invaluable tool for H1B visa holders and their employers, enabling them to plan effectively and remain compliant with immigration policies. By understanding the maximum allowable stay and planning for potential extensions, users can make informed decisions about employment and residency in the United States. The calculator simplifies complex immigration rules into a user-friendly tool that provides clarity and peace of mind.