H-1B / L-1 maximum stay calculator
H-1B and L-1 both have an overall time limit, but time spent outside the U.S. can be "recaptured." Many people don't know this and lose months or more of status time. Enter your status start date and trips abroad, and the calculator works out your maximum stay including recaptured days.
Calculation rules and legal basis
| Item | Rule | Basis |
|---|---|---|
| Maximum stay | H-1B 6 years; L-1A 7 years; L-1B 5 years. Time in H-1B and L status counts toward each other | INA §214(g)(4); 8 CFR 214.2(h)(13)(iii)(A), 214.2(l)(12) |
| Recapturing time abroad | Full days spent outside the U.S. can be recaptured, but they must be documented and the applicant must request it | 8 CFR 214.2(h)(13)(iii)(C); USCIS policy |
| Regaining a full new period | After at least 1 continuous year outside the U.S., you can become eligible for a full new H-1B or L-1 period | 8 CFR 214.2(h)(13)(iii)(A), 214.2(l)(12)(i) |
| H-1B extensions beyond 6 years | PERM or I-140 filed at least 365 days earlier: 1-year extensions; I-140 approved but priority date not current: 3-year extensions | AC21 §106(a), §104(c); 8 CFR 214.2(h)(13)(iii)(D), (E) |
| 240-day rule | If the same employer files an extension on time before the I-94 expires, you may keep working for up to 240 days after the I-94 expires | 8 CFR 274a.12(b)(20) |
Common questions
What evidence do I need for recaptured days?
Common evidence includes passport entry and exit stamps, boarding passes, flight itineraries, I-94 records, and your travel history on the CBP website. The more complete the evidence, the more likely the time will be recognized.
Does time in H-4 or L-2 status count?
No. The limit counts only time in the U.S. as an H-1B or L-1 principal.
Does the 240-day rule apply when changing employers?
No. Changing employers falls under the H-1B portability rule: once the new employer files the petition, an eligible employee can start working for the new employer without waiting for approval.
Can L-1 be extended beyond the maximum like H-1B?
No. L-1 has no AC21-type extension provision. Once you reach the limit, you need to change status, stay outside the U.S. for 1 year, or obtain a green card before then.
Related reading
- H-1B specialty occupation work visa guide
- L-1 intracompany transfer visa: a guide to L-1A and L-1B
- PERM labor certification and EB-2 / EB-3 employment-based immigration
H-1B or L-1 time running out before your green card is available? Book an attorney consultation to plan extensions and your next status.
Results are for reference only and are not legal advice. Your actual time limit depends on what USCIS approves and the latest rules.