Extending and Maintaining an H-1B Visa/Status
Extensions
- Extensions may be granted until the Beneficiary reaches the 6-year maximum given
departmental confirmation that the academic appointment, and funding will continue for the duration of the extension. - The H-1B Beneficiary may exceed the 6-year limitation if the H-1B Beneficiary has an approved I-140 Petition for Permanent Residence, or if the I-140 Petition has been pending for more than one year
- If an employee has been in H-1B status for six years, and s/he departs the U.S. for at least 12 consecutive months, s/he is eligible for an additional 6-year period of H-1B visa/status.
* Special H-1B status extensions beyond the six-year maximum: Under the American Competitiveness in the 21st Century Act (AC21), it is possible to obtain H-1B extensions beyond the six-year limit.
Changes in Employment – (H-1B Amendment)
The H-1B classification approved by the DOL and USCIS is specific to:
- Salary;
- Benefits;
- Work location;
- Job description;
- Title; and
- Employer
The faculty member who is supervising the H-1B Beneficiary, or department representative administering academic appointments and employment needs, must contact the International Office to initiate an amended petition prior to any changes to the employee’s activities.
These changes include, but are not limited to:
- Changes in employment/academic appointment;
- Compensation;
- Location of employment;
- Duration of appointment;
- Change in immigration status; and
- Termination of employment.
Failure to comply with these regulations may jeopardize the lawful immigration status of the visitor, his/her family, as well as Meharry’s ability to sponsor international employees in the future.
Please contact the International Office when contemplating any change in employment.
Changing H-1B Employers (H-1B Transfers)
As H-1B holders, international employees must maintain continuous employment
regardless of the employer. Since there can be no gap in employment, this means that it is crucial to understand the timing issues involved in an H-1B transfer, whether transferring to Meharry from another institution, or from Meharry to a new employer.
H-1B status holders must remain employed with the current employer until the new employer can submit a new H-1B application on behalf of the international employee, and receive evidence in the form of the official USCIS receipt notice as proof of having submitted the application.
Maintaining Your H-1B Status
To maintain your H-1B status, the Beneficiary must:
- Maintain a valid passport during his/her stay in the U.S.
- Notify the USCIS of any change of address within 10 days of moving.
- Not remain in the U.S. past the expiration date of his/her last I-94 Form. There is no grace period for H-1B holders.
- If your employment will be extended, ask your department to do so at least three to six months in advance of the expiration of your current I-94.
Documents Required as Proof of Status
Beneficiaries in H-1B status are required to maintain and carry these official documents:
- Passport that is valid for 6 months beyond the H-1B status expiration date
- USCIS H-1B Approval Notice (Form I-797 Notice of Action) indicating H-1B validity dates
- Form I-94 marked “H-1B” with the H-1B status expiration date (this form must now be printed from cbp.gov/I94)