Extension of H-1B Status at MUSC
In general, you are eligible to hold H-1B status for up to six years, in increments of three years maximum.
If you are eligible for an H-1B extension, your hiring MUSC department must request an extension of your H-1B status by submitting an H-1B extension request to the Center for Global Health. You (the H-1B employee) cannot initiate the H-1B extension request directly.
H-1B Extension Process
If your hiring MUSC department wishes to continue your employment beyond the end date of your current H-1B authorization period, and you are eligible for additional time in H-1B status, MUSC can file a petition with the U.S. Citizenship and Immigration Services (USCIS) requesting the extension of your H-1B status.
The process for extending H-1B status is basically the same as obtaining your initial H-1B status – MUSC is required to submit a petition to USCIS requesting H-1B employment authorization and providing supporting documentation about you, your qualifications, the employer, and the employment position. MUSC can submit an H-1B extension petition to USCIS up to six months in advance of the requested start date in the petition (which, in most cases, is the day after your current H-1B status expires).
Hiring MUSC departments must submit the H-1B extension request to the Center for Global Health at least eight months in advance of your H-1B expiration date. Due to the complex nature of preparing an H-1B petition along with long governmental processing times for things like the prevailing wage determination, H-1B petitions often take several months to prepare. In other words, it may take several months in order to get the H-1B petition ready before being able to actually submit the petition to USCIS. Ideally, H-1B extension petitions should be submitted to USCIS as soon as possible.
If your department is planning to extend your H-1B status, you must contact your supervisor and/or your department’s administrator to discuss the process. You should encourage your department to initiate the H-1B extension request with the Center for Global Health as soon as possible.
The 240-day Rule
H-1B extensions fall under the “240-day rule,” which allows an employee already in H-1B status to continue to work for 240 days, or about eight months, following the expiration of his/her current H-1B status while the petition for extension of H-1B status is being processed by USCIS. The 240-day rule is applicable as long as the H-1B extension petition is received by USCIS prior to the current H-1B expiration date.
However, if your current H-1B status has expired, and you are continuing to work pursuant to the 240-day rule, you will not be able to travel outside of the United States during this time. This is because you will not be able to re-enter the U.S. in H-1B status without a valid H-1B visa stamp or valid H-1B approval notice. If you do need to travel outside of the U.S., and your H-1B extension petition is still pending with USCIS, you may be able to premium process your H-1B petition. If you find yourself in this situation, please contact the Center for Global Health for Global Health to discuss your options.
Post-Six-Year H-1B Extensions
There are some circumstances that will allow the extension of H-1B status beyond the standard six-year maximum:
- If the H-1B beneficiary has a PERM labor certification application or an I-140 immigrant petition that has been pending for at least 365 days prior to the end of the sixth year of H-1B status, H-1B status can be extended in one year increments.
- If the H-1B beneficiary has an approved I-140 immigrant visa petition, H-1B status can be extended in three year increments.
If you think your circumstances may fit any of the criteria above, please contact the Center for Global Health for Global Health to discuss.
Changes to Employment
H-1B status is employer-specific and job-specific. An approved H-1B employer must submit an amended H-1B petition to USCIS when an employee’s position undergoes a material change (e.g. duties, title, salary, change of department).
If you are a current H-1B employee at MUSC, and your job at MUSC is expected to change (including location, title, salary, duties, responsibilities), please notify the Center for Global Health for Global Health immediately prior to the change taking place. The Center for Global Health will determine if the changes are considered substantial enough to require an amended H-1B petition.
Ending Your H-1B Employment at MUSC
MUSC H-1B employees must notify the Center for Global Health for Global Health prior to leaving employment, regardless of the reason for the end of the employment (termination, voluntary resignation, H-1B sponsorship from another employer, etc.). MUSC is required by law to report this information to the federal government.
If you have accepted an offer of employment from another employer, refer to our H-1B Change of Employer page for more information on H-1B portability. In these situations, you still must notify the Center for Global Health for Global Health in advance regarding your plan to leave your H-1B employment at MUSC.
There is no official “grace period” for H-1B status after the H-1B end date on the H-1B approval notice. You should plan to depart from the United States immediately at the end of your H-1B authorization period if you have not received a change or extension of status, or if another employer has not filed a new H-1B petition on your behalf.
