US·O-1US O-1

O-1 and H-1B: extending your stay and changing employers

This guide restates what the official USCIS pages say about the length of an O-1 or H-1B stay, extensions and a change of employer. It names no outcome and gives no case advice.

2 min readSources: 2Last checked

Published · updated · Also covers US H-1B

O-1: length of stay and extension

  1. 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 .

  2. 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 .

  3. 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 .

  4. 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 .

  5. 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

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.

Report a mistake on this page

Editorial status

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.

How this page was made

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.

Talk to members on this route

Where your question goes

You are talking to an AI assistant.

Answers come from this site’s published pages. An answer is not a chance of acceptance. A question you type is sent to a language model, run by Cloudflare, together with passages from this site’s own pages, so that it can be answered from them. Cloudflare states in writing that it does not use what it receives to train its models; it publishes no retention period for it. While the route and stage chips are shown above the field, the route code, the stage code, whether you are preparing as a member or as a professional, and the page language are sent with your question, in the same request as your IP address, so they can be linked to you; remove both chips and none of the four is sent.

  1. Answer

    Hello. I answer about your route and step from the pages this site publishes, and I show you the source.