Visa & Green Card

H-1B PERM Max-Out Calculator

Estimate your six-year H-1B max-out date and whether your PERM/I-140 milestones can unlock an extension beyond it.

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Educational estimate only. Not legal, tax, immigration, or financial advice. Full disclaimer below.

H-1B PERM Max-Out Calculator

Will your PERM / I-140 outrun your six-year H-1B limit?

Estimate your max-out date and whether your green card case can unlock an extension beyond six years.

This calculator is for educational planning only and is not legal advice. H-1B extension rules (AC21) are highly case-specific. Always confirm your case with your employer’s immigration attorney.

How the six-year H-1B limit works

H-1B status is capped at six years. Only time physically spent in the U.S. in H-1B (and L-1) status counts, so trips abroad can be recaptured to extend the limit. Two AC21 rules let you go beyond six years: a PERM or I-140 pending 365+ days supports one-year extensions, and an approved I-140 with a non-current priority date supports three-year extensions. For India applicants stuck in the Visa Bulletin backlog, the approved I-140 is what keeps H-1B renewable for years.

Important: Do not treat this as legal advice. Extension eligibility, recapture calculations, and timing are case-specific. Ask your immigration attorney/employer about whether AC21-style extensions may apply in your case.

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Frequently asked questions

What is H-1B max-out?

H-1B status is generally limited to six years total. 'Maxing out' means reaching that six-year limit. Beyond six years, you can usually only extend H-1B if your employment-based green card case has reached certain milestones under the AC21 law.

How is the H-1B six-year limit calculated?

The six years count time you were physically in the U.S. in H-1B (and L-1) status. Time spent outside the U.S. does not count against the limit and can generally be 'recaptured' to add days back. Your first H-1B start date plus six years, adjusted for recaptured days, is your approximate max-out date.

Can time outside the U.S. be recaptured?

Yes. Days you spent physically outside the United States during your H-1B period can generally be added back to your six-year limit, with documentation such as passport stamps and I-94 travel history. Your attorney calculates the exact recapture amount.

Can PERM help extend H-1B?

Yes, if timed right. Under AC21 §106(a), a PERM (or I-140) that has been pending for 365+ days before your six-year date generally supports one-year H-1B extensions beyond the limit. Filing early is what preserves this option.

Can an approved I-140 help extend H-1B?

Yes. An approved I-140 generally supports three-year H-1B extensions beyond six years when your priority date is not yet current (AC21 §104(c)/§106(c)). This is the stronger extension track, which is why getting the I-140 approved matters for backlogged applicants.

What if my PERM is filed late?

If PERM is not filed at least 365 days before your six-year date and you don't have an approved I-140, you may not qualify for an extension beyond six years — a high-risk situation. Recapturing time outside the U.S. can buy some room. Talk to your employer's attorney urgently.

What if my priority date is current?

If your priority date is current, the three-year extension rule (which depends on the date not being current) may not apply — but you should instead be able to move toward filing or approving I-485. The right path depends on your exact stage; confirm with your attorney.

Is this calculator legal advice?

No. This calculator is for educational planning only and is not legal advice. AC21 extension rules are highly case-specific. Ask your immigration attorney/employer about whether AC21-style extensions may apply in your case.

Written / reviewed by Deepak Middha · CA, Series 65

Last updated: July 4, 2026

Disclaimer, assumptions & sources

This tool is for general education and planning only. It does not replace advice from a CPA, attorney, financial advisor, USCIS, IRS, State Department, or other official source. Rules, limits, forms, fees, dates, and government processing information may change. Always verify before filing, investing, or making immigration, tax, or financial decisions.

  • For educational use only — not legal advice.
  • Not tax advice.
  • Not financial advice.
  • Not immigration advice.
  • Numbers, forms, fees, dates, rules, and limits may change at any time.
  • Always verify with official sources before acting.
  • Consult a CPA, attorney, financial advisor, or the relevant official agency (USCIS, IRS, State Department) when it matters to your situation.

This calculator is for educational planning only and is not legal advice. Ask your immigration attorney/employer about whether AC21-style extensions may apply in your case.

See our full site disclaimer for complete terms.