Though the H1B type of visa/work permit has the validity limit only for 6 years. However in some specific circumstances an H1 can be extended beyond 6 years.

American Competitiveness in the 21 st Century Act of 2000 (AC21) and the 21 st Century Department of Justice Appropriations Act of 2001 (DOJ Act) allow an H1B employer to file incremental one-year H1B extensions annually after the completion of six years on H1B status.

Under act AC21, a H1B can be extended beyond 6 yrs if :

1. Applicant's labor for Employment based green card purpose is pending for more then 365 days.
2. Applicant's petition for I-140 is approved under employment based green card and AOS/485 is pending due to Visa numbers unavailability.

All dependent family members are also eligible for H-4 Extension beyond Six Years along with primary H1's extension. All the applications should be filed together for the family.

When to apply?

Under the change in policy announced in July 2004, it is permissible for an employer to file any H1B extensions after 6 years on H1B status, even before the LC or I-140 petition has been pending for at least 365 days. The start date requested on an H1B extension must be after the time when the Labor or I-140 petition has been pending for over 365 days.

This extension can only be applied by the employer and not by the individual H1b holder.