Extension of H-1B Status

USCIS regulations establish a six-year cap on the number of consecutive years a foreign national may hold H-1B status. Initial admission as an H-1B can be up to three years; extensions of stay are granted in up to three-year increments. After that time the individual must remain outside the U.S. for one year before another H-1B petition can be approved. Any periods of time in H-1B status with other U.S. employers prior to UW appointment count toward the six-year limitation. Extensions beyond six years are possible in limited circumstances involving delays in the processing of applications for permanent residence.

Extension requests may be filed as early as six months before the current stay expires. The procedures for obtaining an extension are similar to those followed to obtain the initial H-1B status. The department completes UW Form 1025-H Visa Request and sends the form, signed by the Dean and department Chair, to ISS with supporting documentation.

ISS prepares a new Form I-129 Petition for Nonimmigrant Worker and Form ETA 9035 Labor Condition Application, and submits the extension request to USCIS. ISS sends two copies of the Labor Condition Application to the employing department, one copy to be posted in a conspicuous location for ten days, and the other copy to be given to the beneficiary.

If the extension request is filed in a timely manner, the beneficiary may update the I-9 and continue on payroll for up to 240 days even though USCIS may not adjudicate the petition until after the current period of stay expires.

USCIS sends Form I-797 Approval Notice to ISS as notification of the decision on the extension request. ISS forwards the Notice to the hiring department. The department then updates the I-9 Employment Eligibility Verification Form indicating extended dates of approved employment and attaches a copy of the I-797 to the I-9. The department gives the original full-page notice to the beneficiary and retains a full-page photocopy for department records.