Extending or Amending Your Stay

H-1B status is generally limited to a maximum of six years, which can be requested in increments of up to three years at a time. Extensions or amendments to your H-1B status must be coordinated with your UC San Diego department. Please allow ample time for this process, as extension or amendment applications can take as long as initial applications.

For an initial H-1B, the approval notice must be issued and received by UC San Diego before you can begin working in H-1B status. However, if you are filing for an extension or amendment, employment authorization is retained as long as the petition is received by USCIS at least one day before the current H-1B end date or before the start of the requested changes (for an amendment). USCIS does not need to approve the petition until 240 days into the new H-1B period.

Extending Your Stay

Please note that USCIS evaluates extension requests with the same level of scrutiny as initial H-1B petitions; therefore, we require the same evidence as needed for an initial H-1B request. The extension process takes as long as the initial application process, so we encourage you and your department to submit requests at least 7 months before the anticipated start date.

Keep in mind that the expiration of your driver’s license is often tied to your H-1B expiration, and the California DMV will not issue a new driver’s license until USCIS has approved your H-1B petition.

H-1B status may be extended in three-year increments, up to a total of six years. There are exceptions for extending H-1B status beyond this six-year limit:

Recapture of unused H-1B time: Time spent outside the U.S. during your six years on H-1B status can be recaptured. To request this, follow the H-1B extension/amendment application instructions. You will need to provide evidence of your time spent outside the U.S., such as I-94 travel history, entry and exit stamps, boarding passes, and itineraries.
Labor Certification or I-140 pending for 365 days or more: Faculty and scholars with a labor certification or I-140 that has been pending for 365 days or more are eligible for H-1B extensions beyond six years in one-year increments.
Approved I-140 Immigrant Petition: Faculty and scholars with an approved I-140 immigrant petition who are unable to file an adjustment of status petition due to visa bulletin backlogs may extend their H-1B status beyond six years in increments of up to three years.

An extension request can include amendments to the existing H-1B status. However, you must adhere to the original terms of your current H-1B status until the start date requested in the extension (with amendments). You are not authorized to work under the new terms until the extension requested start date has arrived.

Amendments

For an initial H-1B, the approval notice must be issued and received by UC San Diego before you can begin working in H-1B status. For amendments, employment authorization is retained as long as USCIS receives the petition at least one day before the current H-1B end date or before the start of the requested changes (for an amendment). USCIS does not need to approve the petition before the new H-1B status or changes go into effect, but the petition must be received by USCIS at the specified time.

Substantive changes in H-1B employment must be submitted to USCIS via an amended petition received before the change in employment circumstances occurs. Substantive changes include transitions between represented and non-represented positions, shifts between different represented positions, or changes in duties such as from research to teaching or from research to clinical care. Additionally, adding a worksite outside of the metropolitan statistical area requires an amended petition. However, a normal stepwise progression within an employment series does not require an amended petition.

Contact your ISEO Scholar Advisor with any questions you may have before the intended change,.