O-1: length of stay and extension
The first period of stay for an O-1 holder is up to 3 years.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
An extension of stay is set in increments of up to 1 year.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
An O-1 holder may be admitted up to 10 days before the validity period begins and 10 days after it ends.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
To extend a stay for the same event or activity, the employer or agent files Form I-129, a copy of the Form I-94 and a statement explaining the reasons.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
USCIS advises filing the Form I-129 at least 45 days before the date of employment.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
O-1: changing employers
To change employers on an O-1, the new employer files its own Form I-129.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
When an agent filed the original petition, the new employer files an amended petition with evidence that it is the new employer and a request for an extension of stay.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
H-1B: length of stay and extension
An H-1B worker may generally be admitted for up to 3 years at first.
Source: USCIS, H-1B specialty occupations, checked .
After one extension of up to three years, the total period of admission is generally 6 years.
Source: USCIS, H-1B specialty occupations, checked .
A worker who owns more than half of the petitioner, or has majority voting rights in it, gets an initial approval and a first extension of up to 18 months each.
Source: USCIS, H-1B specialty occupations, checked .
An extension beyond the sixth year may be possible once at least 365 days have passed since a labor certification or an immigrant visa petition was filed.
Source: USCIS, H-1B specialty occupations, checked .
Where the petitioner shows that an immigrant visa is not available, extensions on that basis are granted in steps of up to 3 years.
Source: USCIS, H-1B specialty occupations, checked .
H-1B: changing employers
A worker changing H-1B employers may begin working for the new employer as soon as it properly files a non-frivolous Form I-129 petition.
Source: USCIS, H-1B specialty occupations, checked .
Changes and corrections
No changes since it was first published.
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Written by Talent Visa Journey from the official pages cited above and approved by an editor. It has not been reviewed by a lawyer or a regulated immigration adviser.
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An AI tool wrote the first draft from the official pages linked on this page. Automatic checks then compared each statement with the text of its official source. A person named above read the figures, dates and fees and approved the page before it was published. We check the sources again every week and note every change at the bottom. This page says what the official source says. It is not legal advice and cannot say what applies to your case.