H-1B Max-Out Calculator: Estimate the 6-Year Limit and Plan PERM or I-140 Timing
The H-1B max-out date is the estimated last day of the regular six-year H-1B admission period after relevant H/L time is counted. Time physically spent outside the United States for more than 24 hours during the validity of an approved H-1B petition may be requested for recapture. For workers pursuing an employment-based green card, the same timeline should also be reviewed against PERM, Form I-140, current I-94 validity, and the rules that may permit H-1B status beyond six years.
- Max-out is not the same as the visa stamp or I-94 expiration date. Those dates answer different immigration questions.
- Recapture is not automatic. The H-1B petitioner must request a specific period and support it with evidence.
- The 365-day AC21 rule is measured to when the exemption period takes effect, not simply to the filing date of the next H-1B petition.
- An approved EB-1, EB-2 or EB-3 I-140 does not automatically produce a three-year extension. The specific per-country limitation requirements must be met.
H-1B Max-Out and Beyond-Six-Year Planning Calculator
Start with four core inputs. Open the green-card section only if you want the calculator to test a possible 365-day AC21 timeline or flag a potential approved-I-140 extension path.
PERM / I-140 planning — optional
Planning result
Planning statusThis is a planning estimate, not an official USCIS day count. Exact calculations should be reconciled with I-94 records, prior H/L periods, travel evidence, petition validity periods and the actual basis used in the next H-1B filing.
Four Rules That Matter Most in an H-1B Max-Out Calculation
The regular H-1B limit is six years of admission under the applicable H/L counting rules. A current three-year approval notice does not establish how much of the overall period remains if the worker previously used H-1B or L time. Changing H-1B employers does not restart the six-year clock.
Under 8 CFR 214.2(h)(13)(iii)(C), physical absence from the United States exceeding 24 hours during the validity of an approved H-1B petition is excluded from the maximum period if the petitioner properly requests recapture. The petitioner bears the burden of showing the number of days requested. Passport stamps, I-94 records, airline records and a travel chart are common evidence.
H-1B status beyond six years may be available when at least 365 days have elapsed since the filing of a qualifying labor certification or, where applicable, an immigrant petition. The H-1B petition itself may be filed before the 365th day if the qualifying case was filed at least 365 days before the period of admission under the exemption will take effect. Approvals under this basis may be granted in increments of up to one year while the regulatory requirements continue to be met.
A principal beneficiary of an approved immigrant petition under INA section 203(b)(1), (2), or (3) may qualify for H-1B status beyond six years when the person could otherwise obtain immigrant status but for application of the per-country limitation. The petitioner must establish the required visa unavailability when the H-1B petition is filed. An approved I-140 plus any Visa Bulletin backlog should therefore not be treated as an automatic three-year extension.
Important limit on future one-year AC21 extensions: if a worker is the beneficiary of an approved employment-based immigrant petition and does not file an adjustment-of-status application or apply for an immigrant visa within one year after an immigrant visa becomes available for issuance based on the applicable preference category and country of chargeability, the lengthy-adjudication exemption may no longer be available. If visa availability is interrupted, a new one-year period begins when a visa again becomes immediately available. USCIS may excuse a late filing when the failure resulted from circumstances beyond the worker’s control.
I-94 and max-out answer different questions. A person can have unused H-1B time but still face an earlier I-94 expiration. Conversely, an approval notice extending beyond an estimated six-year limit does not remove the need to determine which legal basis supports time beyond that limit.
PERM Timing in 2026: Why the Final H-1B Year Is Often Too Late
PERM requires more than filing ETA Form 9089. The employer first develops the permanent position and minimum requirements, obtains a Prevailing Wage Determination when required, completes the prescribed recruitment, evaluates applicants and only then files PERM. Each stage consumes calendar time before I-140 adjudication even begins.
Current Department of Labor data illustrates the issue. As of August 20, 2026, PERM Analyst Review was processing cases with a September 2025 priority date and Audit Review was at December 2025. The reported average Analyst Review processing time for July 2026 was 372 calendar days. For prevailing wage requests, DOL data as of June 30, 2026 showed PERM OEWS processing at April 2026 receipts and non-OEWS processing at March 2026 receipts.
A useful planning window for employer commitment, position analysis, wage strategy and the beginning of the PWD/PERM process. The 24-month marker is a planning benchmark, not a statutory deadline.
The case should move actively. If PERM has not yet been filed, determine how long PWD and recruitment still require and when the qualifying filing date can realistically be established.
Max-out planning becomes time-sensitive. A late PERM filing may not satisfy the 365-day rule by the time the regular H-1B period ends. Recapture and any other valid basis for continued status should be reviewed in parallel.
Confirm the I-94 date, travel history, usable recapture, qualifying PERM/I-140 dates and any extension basis before relying on a projected future approval.
The 24-month date shown by the calculator is not a legal filing deadline. It is a practical planning marker. Actual DOL processing times change and should be checked before major timing decisions.
EB-2, EB-3 and the Visa Bulletin: Keep the Monthly Cut-Off Check Separate
EB-2 or EB-3 classification affects the relevant Visa Bulletin row, while country of chargeability determines which column applies. The priority date then determines whether an immigrant visa number is available. These variables matter for adjustment of status, consular processing and some H-1B extension strategies, but monthly cut-off dates should not be hard-coded into a max-out calculator.
As of August 25, 2026, the Department of State lists the August 2026 Visa Bulletin as the current bulletin and September 2026 as the upcoming bulletin. A future-month chart should not automatically be treated as the chart controlling a filing today. For adjustment of status, applicants must also check the USCIS filing-chart page for the applicable month.
For the approved-I-140 H-1B extension rule, the legal question is narrower than simply asking whether a priority date is current. The petitioner must establish the required visa unavailability under the per-country limitation framework at the time of the H-1B filing. That is why the calculator reports a potential three-year path rather than declaring eligibility.
Visa availability also matters to continued use of the one-year lengthy-adjudication exemption. Once an immigrant visa becomes available for issuance to a beneficiary of an approved employment-based petition, failing to pursue adjustment of status or an immigrant visa within the applicable one-year period can affect eligibility for later one-year H-1B extensions.
Practical sequence: calculate H-1B time first; identify the PERM/I-140 stage second; then check the current Visa Bulletin, the applicable USCIS adjustment filing chart and the specific legal basis for any H-1B time requested beyond six years.
What to Review If Less Than 12 Months Remain Before Max-Out
At this stage, broad statements such as “PERM has started” are not enough. Build one timeline containing the current I-94 end date, estimated regular max-out, possible recapture, qualifying PERM or I-140 filing date, I-140 status and the period for which the next employer intends to request H-1B classification.
- No PERM filing yet: determine whether the employer can complete the required pre-filing steps and whether another lawful-status strategy may be needed before the 365-day rule can help.
- PERM pending: calculate the exact 365-day anniversary and prepare the I-140 strategy rather than waiting for PERM approval to begin planning.
- PERM approved: prepare the I-140 filing promptly and determine whether Premium Processing is available and useful.
- EB-1, EB-2 or EB-3 I-140 approved: check visa availability and the precise H-1B extension provision that may apply. Do not assume that every backlog produces the same extension period.
- I-94 expires before max-out: address the I-94 deadline separately. Remaining H-1B time does not itself authorize stay past the I-94 date.
If employment ends
H-1B workers may receive a discretionary grace period of up to 60 consecutive calendar days after cessation of qualifying employment, or until the end of the authorized validity period, whichever is shorter, once during the authorized validity period. DHS may shorten or eliminate that period. A transfer, change of status or departure strategy should therefore be evaluated using the actual termination date and I-94 validity rather than assuming that everyone automatically receives a full 60 days.
Changing employers does not reset the H-1B six-year clock. A new employer may be able to file an H-1B petition and, where the requirements are met, rely on an applicable beyond-six-year provision, but the prior H/L history remains part of the max-out calculation.
H-1B Max-Out FAQ
Is the H-1B max-out date the same as the I-94 expiration date?
No. Max-out estimates how much regular H/L time remains under the six-year limitation. The I-94 identifies the current authorized period of stay. Either date may require action before the other.
Does every trip outside the United States extend H-1B time?
No extension is automatic. Qualifying physical absence exceeding 24 hours during the validity of an approved H-1B petition may be requested for recapture. The petitioner must identify and document the period, and USCIS may grant all, part or none of the request.
Must PERM be filed 365 days before the current H-1B expires?
Not necessarily. The qualifying labor certification or immigrant petition must have been filed at least 365 days before the period of admission under the lengthy-adjudication exemption takes effect. The H-1B petition seeking the exemption may itself be filed earlier, subject to the applicable advance-filing rules.
Does an approved EB-1, EB-2 or EB-3 I-140 always permit a three-year H-1B extension?
No. The worker must be the principal beneficiary of an approved employment-based immigrant petition and be unable to obtain the immigrant status because of the applicable per-country limitation. The employer must establish the required visa unavailability when filing the H-1B petition.
Can waiting too long after a visa becomes available affect one-year AC21 extensions?
Yes. A beneficiary of an approved employment-based immigrant petition may become ineligible for the lengthy-adjudication exemption if the person does not file for adjustment of status or apply for an immigrant visa within one year after a visa becomes available for issuance based on the applicable preference category and country of chargeability. A new one-year period may arise after interrupted visa availability, and USCIS may excuse a failure caused by circumstances beyond the beneficiary’s control.
Official Sources
Dynamic processing times and Visa Bulletin dates should be checked again when a filing decision is being made.
- 8 CFR 214.2 — H-1B limits, recapture and beyond-six-year exemptions
- 8 CFR 214.1 — maintenance of status and employment-termination grace period
- U.S. Department of Labor FLAG — current PERM and prevailing wage processing times
- U.S. Department of State — current and upcoming Visa Bulletins
- USCIS — Adjustment of Status Filing Charts from the Visa Bulletin
- USCIS — Options for Nonimmigrant Workers Following Termination of Employment
Guidance on related U.S. immigration categories
Compare eligibility criteria, filing procedures, documentation requirements, and practical considerations for U.S. immigration categories relevant to this topic.
-
EB-3 visa
For employer-sponsored skilled workers, professionals and other workers.
-
PERM process
For wage planning, recruitment and labor certification before many EB-2 and EB-3 petitions.
-
PERM labor certification form
The core Department of Labor form used in PERM labor certification.
-
Form I-140
The USCIS petition stage after PERM approval or for other employment-based routes.
-
Employment-based immigration to the USA
Compare EB-1, EB-2, EB-3, NIW, PERM, I-140 and final green card planning in one employment-based framework.
