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Extending H-1B Status

If you are currently employed as an H-1B temporary worker and your current authorization will expire before your employment at Tufts is expected to end, you must talk to your department so that they can initiate an H-1B extension process for you. The process for requesting an H-1B extension is similar to the process for an initial H-1B authorization; in both cases, your department must request H-1B authorization on your behalf.

H-1B Extension Eligibility

You are eligible to request an extension of your H-1B status if you are currently in valid H-1B status and you will remain employed in a specialty occupation (a position requiring specialized knowledge and skills) with your Tufts department.

Limits to Eligibility

H-1B regulations allow H-1B status to be granted up to six years, but in increments of no more than three years at any one time. Certain persons in the process of applying for US permanent residence may be eligible for extensions beyond the sixth year; otherwise, departure from the US for an aggregate of at least 12 months is required in order to re-establish H-1B eligibility.

Steps to Extending H-1B Employment Authorization

The H-1B extension process involves several steps, and may be initiated no earlier than  six months before the expiration of your current authorization. Early preparation is highly advisable as it can take 2 - 3 months for the International Center to prepare and file a complete H-1B petition.

  1. Department initiates extension petition with the International Center. Once it is determined that an extension petition is necessary, your department will need to initiate the extension process with the International Center. The International Center will obtain the required documents and fees from your department, and contact you to update any required information to complete the extension petition.
  2. International Center submits the extension petition to US Citizenship and Immigration Services (USCIS). Your extension petition must be received by USCIS no earlier than six months and no later than the last day of your current H-1B status. Once your extension is received and receipted by USCIS, your H-1B employment authorization is considered temporarily extended for 240 days while USCIS reviews the petition. This temporary extension allows you to remain in the US and continue your employment. Note that USCIS processing times for the H-1B extension can be lengthy (approximately 8 months on average).
    • Travel during USCIS Processing: Once the International Center has submitted a petition to USCIS to extend your H-1B authorization, it is essential that you do not travel outside of the US while the extension petition is being processed by USCIS. If travel is required for business or personal reasons before USCIS approves your H-1B extension, talk to your International Center advisor so that a travel plan can be developed in consultation with you and your department. In certain cases, the International Center may recommend that either you or your department pay for premium processing of your petition (see section below on "Premium Processing").
  3. USCIS approves the extension petition. Once USCIS approves the petition, they will send an I-797 Approval Notice to the International Center. The approval notice will indicate the dates of your H-1B employment authorization extension. You may need to present the approval notice to TSS to update your I-9 Employment Verification form, so that Tufts can update your payroll information.

Premium Processing of H-1B Extensions: USCIS standard processing of H-1B petitions is extremely lengthy, taking about 8 months on average. However, USCIS offers a premium processing option that will expedite the review of an H-1B extension petition to 15 days. Premium processing may be paid by either the hiring department or the employee and will depend on school policies. However, the department must pay the premium processing fee if USCIS approval is needed by a specific time in order to ensure that the employee can remain in the US to continue lawful employment in the current position, or if the employee will need a new visa for business-related travel outside the US. However, the employee can bear the cost if a faster USCIS response is needed for personal reasons such as international travel for family trips or other non-business related activities.

Post-Approval Travel and Visa Renewal

After your extension is approved, you may need to apply for a new H-1B entry visa at a US consulate if you plan to travel outside the US. The USCIS extension approval only extends your ability to stay in the US and continue your employment. You must still obtain a valid visa in order to return from any international travel. For more information about the visa renewal process, go to our Travel Center.

Persons with Pending Permanent Residence Petitions

If you are in H-1B status but also in the process of applying US permanent residence (whether through Tufts or independently of Tufts), please discuss your options for continued employment and travel with the International Center.

Extending H-4 Dependent Status

If you are accompanied by H-4 dependents - including a legal spouse and/or dependent unmarried children under 21 - you may also seek an extension of their status at the same time. Note: it is the responsibility of each H-1B employee and their H-4 dependents to take appropriate steps to maintain and extend dependents H-4 status. For a description of H-4 extension requirements, refer to our H-4 Dependents page.