Specialty Occupation Visa

The H-1B is initially granted for up to **3 years**. It can be extended once for an additional 3 years, capping the total maximum stay at **6 years**. After 6 years, you must leave the U.S. for 1 full year before re-applying, unless your employer has formally commenced the Green Card (I-140) permanent residency process.

This is highly contentious. H-4 dependent spouses **cannot work** by default. However, under current law, if you hold an H-1B and your employer has reached a specific advanced stage in sponsoring you for a Green Card (an approved I-140), your spouse becomes eligible to apply for an Employment Authorization Document (EAD).

The U.S. imposes a harsh **60-day grace period**. If your employer terminates you, you have precisely 60 consecutive days to find a new employer willing to file an H-1B transfer petition, change to a different visa status (like a B-2 tourist or F-1 student), or you must entirely depart the United States. You cannot work during this grace window.

For an exorbitant additional fee (currently USD $2,805), the employer can file Form I-907. This forces USCIS to violently expedite the petition review, granting a decision within precisely **15 calendar days**, rather than waiting the standard 2 to 6 months.