Extending Your H-1B Visa

If you are currently employed at UCSF in H-1B visa status and would like to continue your employment beyond the end date on you most recent I-797 Notice of Approval, the ISSO will need to file a new I-129 on your behalf before your current end date.

Beginning the Extension Process

The ISSO generally recommends beginning the discussion about your H-1B Extension process with your PI around 6 months before the current H-1B end date.

To begin the process, you will need to request that your PI, supervisor, or department HR representative open a ticket with Campus HR to extend your H-1B visa status. Campus HR will then work with you to collect the required documents for the visa extension and submit the request to the ISSO.

H-1B extension requests may be filed under Regular Processing or Premium Processing. The decision on which filing method will be used is made by your department, not the ISSO. See the H1B Processing Times page for more information on the difference between Regular Processing and Premium Processing.

The 240-day Grace Period

When filing an H-1B extension, it is not always necessary for the H-1B extension to be approved before the end date on your current H-1B approval notice. Current H-1B visa holders are entitled to an automatic 240-day extension or your H-1B work authorization at UCSF as long as the following two conditions are met:

1. ISSO has filed your H-1B extension request with USCIS before the end date of your current H1B status
2. Your I-797c Notice of Receipt has arrived at the ISSO

If your extension request was filed with the USCIS before your current H-1B end date but the I-797c Notice of Receipt has not arrived before that date, you are still entitled to the 240-day grace period though all employment must stop until the receipt notice arrives at the ISSO, and a scan of the receipt notice has been sent to your HR representative.

Please do not exit the US if you are in the 240-grace period. If you need to depart the US, please see the “Traveling During the H-1B Extension Process” section below for more information on this topic.

The 240-grace period only applies to current H-1B visa holders. The grace period is not available to anyone changing from another visa status to H-1B.

Upgrading to Premium Processing During the Extension Process

If your H-1B extension has been filed under Regular Processing but you urgently need your new H-1B approval notice, the ISSO can request your extension request to be upgraded to Premium Processing after it has been submitted.

In general, your department is obligated to pay for the cost of Premium Processing. However, if your department will not pay for premium processing, you may offer to pay the costs with a personal check for the following reasons:

• You need your H-1B approval notice to travel abroad for personal reasons.
• You need your H-1B approval notice to obtain or renew you driver’s license.

If Premium Processing is needed for any other reason than those listed above, your department must pay the fee.

Please contact the ISSO advisor working on your H-1B if you have any questions about upgrading your H-1B extension to Premium Processing or if you would like to begin the process.

Traveling During the Extension Process

Traveling during the H-1B Extension Process is considered risky and should be avoided if possible. If there is any chance you may need to travel during the H-1B extension process, please read the information below and then contact the ISSO advisor who working on your H-1B to discuss your travel plans.

Traveling Before the H-1B Extension Request Has Been Submitted to the USCIS

In all cases, you must be physically present in the US on the date the ISSO submits your H-1B extension request to the USCIS.

If you need to travel abroad, it may be possible to travel and return to the US before the ISSO submits your H-1B extension request to the USCIS. Please work with your ISSO advisor to coordinate the filing of your H-1B extension after you have returned from your travels. In general, you should plan on returning to the US no less than 30 days before the end of your current H-1B end date to allow enough time for your extension request to be mailed out and receipt notice to arrive at the ISSO.

Traveling After the H-1B Extension Request Has Been Submitted to the USCIS

The ISSO does not recommend departing the US before your H-1B extension request has been approved and you have the original copy of your extended H-1B approval notice.

If you need to travel abroad while your H-1B extension request is pending with the USCIS, you should not enter the US until the request has been approved and the extended approval notice can be forwarded to you abroad.

You should always enter the US using your newest I-797 H-1B Approval Notice. Entering the US with an old I-797 H-1B Approval Notice may result in a shortened H-1B end date or a denial at the border.

For more information on traveling abroad while in H-1B visa status, please visit the Traveling in H-1B Visa Status page.

H-1B Extension Documents

The ISSO should have all of your basic H-1B visa documents from your initial filing. However, we will need to submit the most recent version of any documents that have changed since your initial H-1B was filed. Below are the most common documents that may have changed.