H-1B status is granted for a limited period of time. In order to continue employment beyond the current approval period, an extension petition must be filed with U.S. Citizenship and Immigration Services (USCIS).
Because H-1B status is employer-sponsored, Utah State University must file the extension petition on behalf of the employee. Advance planning is essential to avoid gaps in employment authorization.
When to Begin the Extension Process
Employees and departments are strongly encouraged to begin the extension process at least six months prior to the H-1B expiration date.
Federal regulations prohibit filing an extension more than six months before the requested start date.
Timely initiation of the extension process helps ensure uninterrupted work authorization.
Responsibility for Initiating the Extension
H-1B sponsorship is employer-based; however:
- Employees are responsible for monitoring their immigration documents and notifying Human Resources when their H-1B approval is approaching expiration.
- Departments are responsible for monitoring appointment dates and confirming continued funding.
Failure to initiate the extension process in a timely manner may result in a lapse of work authorization.
Six-Year Maximum Stay
- Federal law generally limits H-1B status to a maximum of six years, including time spent in H-1B status with other employers.
- Time spent outside the United States during the H-1B validity period may be recaptured if properly documented.
- An H-1B can be extended beyond six years once the employee has an approved I-140 Permanent Residency petition.
- Employees approaching their maximum stay should consult Human Resources well in advance of expiration.
Required Documentation
Extension petitions may require updated:
- Worksite location(s)
- Immigration documents
- Passport information
- Proof of maintenance of status (ex: W-2s or paystubs)
- Current I-94
Human Resources will provide specific document requests when the extension process begins.
Please reach out to Human Resources for a secure link to upload the documents.
Travel During a Pending Extension
International travel while an extension petition is pending may have immigration consequences. Employees should consult Human Resources before traveling outside the United States if their extension petition has been filed but not yet approved.
Questions
If you have questions regarding H-1B sponsorship, please contact Danielle Anderson or Brittani Anderson in Human Resources.
The information provided on this website is for informational purposes only and should not be considered legal advice.