My 6 years on H1B is about to expire, but I have a newborn who was born premature and will be in the ICU for several months. Can my H1B be extended beyond 6 years based on my family’s medical needs?


The six years of H1B time is set by statute and cannot be extended for humanitarian reasons. It can only be extended based upon recapturing unused time abroad or based upon a qualifying GC case. If the status is ending, and the family cannot travel due to the baby’s medical needs, it would be potentially possible to request a change to B-1/B-2 status for medical purposes. However, this would not extend one’s work authorization. (01.Aug.2016)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.


Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.