Instructions for Submitting the H-1B Extension Application

Background Information

Those in H-1B status are allowed to stay a total of six years* in H status but will be approved for a maximum of only three years at a time. The earliest a petition to extend H-1 status can be filed is six months in advance of the expiration of the current approved petition. Departments are advised to apply for the extension early as processing time by USCIS cannot be predicted or guaranteed. There is no easy short-cut for an extension—the petition for H-1 extension is basically the same as the original, except that documentation relating to other previously held non-immigrant status(es) does not need to be included, and all prior H-1 approval notices (form I-797) should be included.

Dependents in H-4 status must have their status extended as well. An additional form I-539 and fee must be included with the extension petition.

If a timely extension is filed (i.e. before the expiration of the current status), regulations allow individuals in H-1 status to continue to work for the same employer for up to 240 days while the extension petition is pending at USCIS. A new I-9 form must also be completed in the department in order for the H-1 holder to continue.

Applications for H-1B status must be made 3 to 6 months in advance of the intended start date to ensure timely processing of the request. Those in H-1B status may travel abroad after the extension has been filed with DHS but must return before the current H1B expires or wait abroad for the extension to be approved. The approval notice can be sent to the applicant to obtain a new visa with which to return to the U.S.

*An exception to the 6-year limitation applies to individuals who have part of an employment-based application for permanent residency (labor certification, I-140, or I-485) pending at least 365 days by the end of the sixth year.

Source:http://www.columbia.edu/cu/isso/faculty/H_dpt_mgr/H1B_extension.html

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