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Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
H-1B Six-Year Limit, Recapture, and AC21 Calculator
Estimate your H-1B six-year max-out date, recapture travel days, and understand AC21 one-year and three-year extension options.
For many H-1B workers, the most important immigration date is not the visa stamp expiration date. It is the H-1B six-year max-out date.
That date affects extension strategy, green card timing, job changes, international travel, H-4 dependents, and whether an employer still has enough time to file PERM, I-140, or an H-1B extension beyond six years.
This article explains how the H-1B six-year limit works, how to estimate recapture time for days spent outside the United States, and when AC21 may allow H-1B extensions beyond the normal six-year limit. If you are also comparing extension filing mechanics, use this guide together with our H-1B extension and renewal overview.
Quick Answer
Most H-1B workers can spend up to six years in H-1B status, usually in two three-year periods.
However, the six-year clock may be extended or preserved in three common ways:
| Situation | Possible Result |
|---|---|
| You spent full days outside the United States during H-1B validity | Those days may be recaptured and added back |
| A qualifying PERM or I-140 was filed at least 365 days before the requested AC21 extension period begins | H-1B may be extended in one-year increments |
| You have an approved EB-1, EB-2, or EB-3 I-140 but cannot move forward because an immigrant visa number is unavailable | H-1B may be extended in up to three-year increments |
Who Should Use This Calculator?
Use this worksheet if you are:
- Approaching your H-1B max-out date
- Changing U.S. employers near the end of your H-1B time
- Supporting an H-4 spouse or children whose status depends on your H-1B timeline
- Planning a PERM or I-140 filing
- Holding an approved I-140 but waiting for your priority date to become current
- Trying to recover travel days spent outside the United States
How the H-1B Six-Year Limit Works
An H-1B worker is generally admitted for an initial period of up to three years. The status may usually be extended for another period of up to three years, for a total of six years.
The six-year limit is not always as simple as adding six calendar years to the first H-1B approval notice. The actual calculation may depend on:
- The date you first entered the United States in H-1B status
- Whether your U.S. employer requests recapture time with proper evidence
- Whether you changed status inside the United States or entered with an H-1B visa
- Time spent physically outside the United States
- Time previously spent in H or L status
- Whether you qualify for AC21 extensions beyond six years
Your I-797 approval notice, visa stamp, and I-94 may each show different dates. For max-out planning, the key question is: how much H-1B time have you actually used?
What Counts Toward the Six-Year Limit?
Time generally counts when you are physically present in the United States in H-1B status.
For many workers, prior time in H or L status can also affect the maximum stay calculation. If you previously held L-1, H-1B, or related H/L status, do not assume your H-1B clock starts from zero without reviewing your full immigration history.
Time usually does not count toward the H-1B six-year limit when you are physically outside the United States for qualifying full days during the validity of an approved H-1B petition.
That is the basic idea behind H-1B recapture.
What Is H-1B Recapture?
H-1B recapture means asking USCIS to add back qualifying time you spent outside the United States.
For example, if you were in H-1B status but traveled internationally for 45 qualifying days, your U.S. employer may request that those 45 days be added back to your available H-1B time.
This can be valuable when:
- You are close to the six-year limit
- Your PERM or I-140 filing needs more time
- You are changing employers near max-out
- You need extra time before becoming eligible for AC21 extensions
- You want to preserve lawful status while a green card strategy develops
Before using the worksheet, focus on the real planning question: how much usable H-1B time do you still have left? Recapture may add back qualifying travel days, and AC21 may allow extensions beyond six years when green card timing supports it. The sections below help you organize the dates, evidence, and filing milestones that control that answer.
H-1B Recapture Calculator
Use this worksheet to estimate your available H-1B time.
Note: This is a manual worksheet, not an interactive online calculator. You cannot type dates into this page and receive an automatic result. Use the blank lines and tables as a planning checklist, then confirm the final calculation with the U.S. employer or immigration attorney preparing the H-1B filing.
Step 1: Find Your First H-1B Start Date
Use the date you first began H-1B status. This may be:
- The date your change of status to H-1B became effective
- The date you entered the United States in H-1B status
- A later date if your H-1B approval was consular notification and you entered later
Write it here:
First H-1B status date: __________
Step 2: Estimate the Normal Six-Year Date
Add six years to your first H-1B status date.
Example:
| First H-1B status date | Normal six-year date |
|---|---|
| October 1, 2021 | September 30, 2027 |
Write your estimated six-year date:
Normal six-year date: __________
This is only a starting point. It may change after recapture or AC21 analysis.
Step 3: List Every International Trip
Create a travel chart for all time spent outside the United States during your H-1B period. If you are rebuilding your travel history, start with your passport, airline records, and CBP I-94 travel history. For broader travel planning, review our H-1B travel and re-entry guide.
| Trip | Departed U.S. | Returned to U.S. | Full Days Outside U.S. | Evidence |
|---|---|---|---|---|
| 1 | Passport stamps / I-94 / tickets | |||
| 2 | Passport stamps / I-94 / tickets | |||
| 3 | Passport stamps / I-94 / tickets |
Only count qualifying full days outside the United States. Do not guess. USCIS may grant all, part, or none of the requested recapture period depending on the evidence.
Step 4: Add Total Recapture Days
Add all qualifying full days outside the United States.
Total estimated recapture days: __________
Step 5: Add Recapture Days to the Normal Six-Year Date
Formula:
Estimated max-out date = Normal six-year date + approved recapture days
Example:
| Item | Date / Number |
|---|---|
| First H-1B status date | October 1, 2021 |
| Normal six-year date | September 30, 2027 |
| Recapture days | 72 days |
| Estimated max-out date | December 11, 2027 |
This date is only an estimate until USCIS approves the recapture request.
What Evidence Supports Recapture?
Common evidence may include:
- Passport entry and exit stamps
- I-94 travel history
- Airline tickets
- Boarding passes
- Travel itineraries
- Employer travel records
- A clear chart listing each trip and the number of days claimed
A strong recapture request usually includes both a summary chart and independent evidence. The chart helps explain the request, but the documents prove it.
Common Recapture Mistakes
Avoid these mistakes:
- Counting partial travel days too aggressively
- Relying only on memory instead of documents
- Forgetting older trips from the first H-1B approval period
- Assuming USCIS will calculate recapture time automatically
- Waiting until the last moment to reconstruct years of travel
- Confusing visa stamp validity with H-1B time remaining
- Forgetting prior H or L time that may affect the six-year clock
Recapture is useful, but it is not automatic. It must be requested and documented.
What Is AC21?
AC21 refers to the American Competitiveness in the Twenty-First Century Act. In H-1B planning, people usually use “AC21” to describe rules that can allow certain H-1B workers to extend status beyond the normal six-year limit while an employment-based green card process is pending or delayed.
For a broader view of the employment-based green card process, see our H-1B to green card guide for EB-2 and EB-3 cases.
There are two major AC21 extension paths:
- One-year H-1B extensions based on a qualifying PERM or I-140 filing that has been pending long enough.
- Three-year H-1B extensions based on an approved I-140 when the worker cannot move forward because an immigrant visa number is unavailable.
AC21 One-Year Extension Calculator
A worker may be eligible for H-1B status beyond the six-year limit if at least 365 days have passed since the filing of:
- A PERM labor certification with the Department of Labor, if PERM is required; or
- An immigrant visa petition, such as Form I-140, if PERM is not required.
Use this calculator:
Note: This AC21 section is also a manual worksheet. It is meant to help you identify the dates and questions that control eligibility; it does not replace a legal review of the PERM, I-140, priority date, or H-1B petition.
| Question | Answer |
|---|---|
| Was a PERM or I-140 filed for you? | Yes / No |
| Filing date | __________ |
| Add 365 days | __________ |
| Does the requested H-1B extension period begin on or after that 365-day mark? | Yes / No |
If yes, the employer may be able to request a one-year H-1B extension beyond the six-year limit.
AC21 Three-Year Extension Calculator
A worker may be eligible for H-1B extensions in up to three-year increments if:
- The worker is the beneficiary of an approved EB-1, EB-2, or EB-3 I-140; and
- The worker is eligible for immigrant status but cannot receive it because an immigrant visa number is unavailable.
Use this calculator:
| Question | Answer |
|---|---|
| Do you have an approved I-140? | Yes / No |
| Is it EB-1, EB-2, or EB-3? | __________ |
| Is your priority date current under the Visa Bulletin? | Yes / No |
| If not current, is a visa number unavailable? | Yes / No |
| Are you the principal beneficiary of the I-140? | Yes / No |
If the I-140 is approved and the visa number is unavailable, the employer may be able to request an H-1B extension in up to three-year increments.
Four Examples
1. Simple Six-Year Max-Out
- A worker first enters the United States in H-1B status on October 1, 2021.
- They never leave the United States and have no green card filing.
- Their estimated max-out date is September 30, 2027.
Without recapture time or AC21 eligibility, they may need to leave the United States, change to another eligible status, or pursue another strategy before max-out.
2. Six-Year Limit With Recapture
- A worker first enters H-1B status on October 1, 2021.
- They took several international trips totaling 90 qualifying full days outside the United States.
- Their normal six-year date is September 30, 2027.
If USCIS approves all 90 recapture days, the estimated max-out date becomes December 29, 2027.
Those 90 days may create enough time for an employer to continue PERM or I-140 planning.
3. PERM Filed Early Enough for AC21
- A worker’s normal H-1B max-out date is September 30, 2027.
- The employer filed PERM on August 1, 2026.
By August 1, 2027, 365 days have passed since the PERM filing.
If the requested H-1B extension period begins after that 365-day point and the case remains eligible, the employer may be able to request a one-year AC21 extension beyond the six-year limit.
4. Approved I-140 and Backlogged Priority Date
- A worker has an approved EB-2 I-140.
- Their priority date is not current under the Visa Bulletin, so they cannot complete the green card process yet.
Even if they have reached the normal H-1B six-year limit, an employer may be able to request an H-1B extension in up to three-year increments while the visa number remains unavailable.
This is one of the most important protections for workers from countries with long employment-based green card backlogs.
H-4 Dependents and the Six-Year Limit
H-4 dependents usually depend on the principal H-1B worker’s status period.
If the H-1B worker receives recapture time or an AC21 extension, H-4 dependents may often request matching H-4 extensions, if they otherwise qualify.
For H-4 spouses with employment authorization, AC21 can also matter because some H-4 EAD eligibility categories depend on the principal H-1B worker’s approved I-140 or AC21-based H-1B extension. For that separate work-authorization issue, see our H-4 spouse employment authorization guide.
Is Recapture Better Than AC21?
They solve different problems.
Recapture gives back unused H-1B time from international travel.
AC21 allows certain workers to go beyond the six-year limit because of green card processing delays or immigrant visa backlogs.
In some cases, both matter. For example, recapture time may help a worker stay in H-1B status long enough to reach the 365-day AC21 point after a PERM or I-140 filing.
Practical Planning Timeline
If you are in year 4 or year 5 of H-1B status, start planning now.
| Time Left | What to Review |
|---|---|
| More than 24 months | Green card strategy, PERM timing, employer sponsorship |
| 18-24 months | PERM recruitment and filing timeline |
| 12-18 months | Recapture chart, I-140 strategy, AC21 eligibility |
| 6-12 months | Extension filing plan, job-change risk, H-4 planning |
| Less than 6 months | Attorney review, urgent recapture/AC21 analysis |
The biggest mistake is waiting until the final months of H-1B time to ask whether there is a solution.
If the timing issue comes up during a job change, also review our H-1B transfer guide. If the timing issue comes up after employment ends, the H-1B 60-day grace period guide may be the more urgent starting point.
Documents to Collect
Keep these records organized. A clean file can save weeks of stress when a U.S. employer or attorney needs to prepare an extension quickly.
- All H-1B approval notices
- All I-94 records
- Passport biographic page and U.S. visa stamps
- Passport entry and exit stamps showing international travel dates
- International travel history from CBP I-94 records, airline itineraries, or personal travel logs
- Supporting travel evidence, such as airline tickets, boarding passes, and itineraries
- Prior recapture charts, attorney or U.S. employer travel worksheets, or H-1B max-out calculations, if available
- Prior L-1 or other H/L approval notices, if any
- PERM filing confirmation, if applicable
- I-140 receipt or approval notice, if applicable
- Visa Bulletin priority date notes, if using a three-year AC21 extension
Key Takeaways
The H-1B six-year limit is a planning deadline, not just an immigration technicality.
Before assuming you are out of time, check three things:
- How much H-1B time have you actually used?
- How many qualifying travel days can be recaptured?
- Do you qualify for a one-year or three-year AC21 extension?
If your max-out date is approaching, review your full history with your employer and an immigration attorney before making job, travel, or green card decisions.
Official Sources
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. H-1B max-out, recapture, PERM, I-140, AC21, H-4, and job-change questions are fact-specific. Consult a qualified U.S. immigration attorney before relying on any date calculation.