How to Extend Your H-1B Visa as an Indian Tech Worker

Many Indian tech workers move to the United States with hopes of building long-term careers. While the H-1B visa allows them to live and work in the U.S., there is a six-year limit. Moreover, the dependency on employer sponsorship, dramatic policy shifts, and the Green Card backlog have made things more difficult for Indian nationals.

These challenges often force H-1B workers to make tough decisions. Some face job loss, while others want to switch employers but worry about losing status. Also, many do not qualify for other common visa types. With the pressure to act fast, workers need clear guidance on how to legally and safely stay longer in the country.

In this article, we will explain how Indian tech workers can extend their H-1B visas and how they can take advantage of the EB-5 program to stay permanently in the U.S.

Understanding How Long You Can Stay With Your H-1B Visa

The H-1B is a temporary work visa that starts with an initial period of three years and can be extended for three more, making a total of six years in most cases. After six years, you must leave the U.S. or move to a different visa type, unless you qualify for an exception. That said, here are a few things to note about this visa type:

• The six-year limit includes only time spent in the U.S. on H-1B. If you traveled abroad, that time may not count.
• If your employer has started your EB-2 or EB-3 Green Card sponsorship (by filing a PERM labor certification or Form I-140), you may qualify for H-1B extensions beyond six years.
• If your job ends, you have a 60-day grace period to change employers, switch status, or leave the country.

How to Extend Your Stay With Your H-1B Visa

If your six-year H-1B period is ending, you may still have options to stay longer in the United States, especially if you’ve already started the Green Card process. Below are three common ways to extend your stay:

Option 1: Extend Your Stay With PERM and I-140

In the EB-2 or EB-3 Green Card process, your employer first files the PERM labor certification with the U.S. Department of Labor. It shows that your job is real, you are being paid a fair wage, and no qualified U.S. worker was available for the role. If your PERM or I-140 was filed at least 365 days before your six-year limit, you may qualify for a one-year H-1B extension under AC21.

Submitting the I-140 Petition comes after your PERM is approved and your employer files it with USCIS. It confirms that you qualify for the job and the company can support your Green Card process.

Once your I-140 is approved and your priority date is not current (visa number unavailable), you can apply for three-year H-1B extensions until a Green Card becomes available. This is the most common path used by Indian workers to extend their stay beyond six years. However, it requires early planning, ideally by year four of your H-1B.

Option 2: Switch to a Different Employer With H-1B Portability

You can switch jobs on an H-1B visa by using something called H-1B portability. This allows a new employer to take over your sponsorship, without needing to go through the lottery again. Here, your new employer must file an H-1B transfer petition with USCIS. You can start working once USCIS issues the receipt for a timely, nonfrivolous H-1B petition filed before your current status expires.

If you already filed for a Green Card, some parts, such as your priority date, may transfer to your new employer. But, your new employer will have to file a new PERM and I-140, unless your old I-140 was approved and meets portability rules. Although switching employers can be a good option, it is important to plan the timing carefully so you don’t fall out of status.

Option 3: Recapture Time Outside the United States

If you spent time outside the U.S. during your H-1B period, for work trips, vacation, or family visits, that time does not count toward the six-year limit. You can recapture that unused time by providing travel records like passport stamps or flight records when filing your extension. Even a few months can make a difference if your Green Card process needs more time.

EB-5 Visa: An Alternative Green Card Option for H-1B Holders

If extending your H-1B is not possible or if you are looking for a path with more flexibility, you may consider changing to a different U.S. visa, like EB-5. The EB-5 visa is a U.S. immigration option that offers foreign nationals a direct path to a Green Card by investing in the U.S. economy. To qualify for the program, you must meet the following requirements:

• Minimum investment: You must invest either $800,000 in a targeted employment area (TEA), which includes designated rural areas or places with high unemployment, or $1,050,000 in a non-TEA project
• Job creation: Your investment must create 10 full-time jobs for U.S. workers. If you invest through a regional center, the project will usually meet this requirement on your behalf by counting both direct and indirect jobs.
• At-risk capital: The funds must remain “at risk” during the investment period, meaning there is no guaranteed return. However, reputable EB-5 projects are structured to protect investors while meeting legal requirements.
• Lawful source of funds: You must prove that your investment capital came from a legal source, such as salary, property sales, loans, or gifts, and detailed documentation will be needed.

Why Is EB-5 a More Secure Alternative

While many H-1B workers face uncertainty due to job changes, visa expiration, and long processing times, EB-5 stands out because:

• You don’t need employer sponsorship: With EB-5, you’re not tied to any employer. Instead, you invest your own money and apply as an individual, which gives you more freedom and fewer disruptions.
• You can skip the PERM process: EB-5 does not require a labor certification. Therefore, you don’t need to go through the lengthy PERM process or prove that no qualified U.S. workers were available.
• Your family is covered: Your EB-5 application can include your spouse and your unmarried children under 21, which gives them Green Cards at the same time as you.
• You gain more flexibility: Once you receive your conditional Green Card, you are free to work in any field, start your own business, live in any state, and travel in and out of the U.S. more freely.

Transition to EB-5 With EB5AN

If you are an Indian tech worker on an H-1B visa, you already know how complex and uncertain the process can be. Whether you’re approaching the end of your six-year limit, stuck in a Green Card backlog under another category, or simply looking for more stability, now is the right time to explore the EB-5 visa.

EB5AN is committed to helping Indian H-1B workers understand and navigate the EB-5 process with confidence. So far, we have made more than 2,700 families from over 70 countries become U.S. Green Card holders.

Book a free call with us today to learn more about the EB-5 program and how our expert team can help.