- Both the individuals but more importantly Humana for knowingly turning a blind eye and not checking each year that Visas are up to date and maximum allowed time a person can remain in the United States in an H1B Visa. This is not intended to be cruel bit rather intended to save and protect American Citizen’s jobs and future employment in this country.
Information regarding Maximum Time:
The maximum time a person can remain in the United States on an H-1B visa is generally six years, typically granted in two 3-year increments. However, this period can be extended beyond six years if a permanent labor certification or I-140 petition has been pending for over 365 days, or if an I-140 is approved but a green card is not immediately available.
Key Aspects of H-1B Time Limits:
- Initial Limit: Initial H-1B status is up to 3 years, with extensions allowing a total of 6 years.
- Recapture Time: Time spent outside the U.S. during the H-1B period (vacations, business trips) can be "recaptured" to extend the 6-year limit.
- Extensions Beyond 6 Years: Individuals with a pending or approved employment-based green card process can extend their H-1B status, often in 1 or 3-year increments, under AC21 regulations.
- Reset Requirement: After hitting the 6-year limit, the visa holder must generally live outside the U.S. for at least one full year before becoming eligible for a new 6-year H-1B term.
- 240-Day Rule: If a timely extension is filed, you may continue working for up to 240 days beyond your current expiration date while the petition is pending.
Disclaimer: Immigration regulations can be complex. Please consult with a qualified immigration attorney or USCIS for specific cases.