Overview

H-1 applications must be filed by the employer, not the employee. USCIS will accept an application for the H-1 extension of stay up to six months in advance. As H-1 processing can take many months, it would be wise to begin discussions with your supervisor six months before the expiration date of your current H-1 Approval Notice to ensure there are no lapses in your employment eligibility. Note that those currently holding H-1 status may continue working for a period of 240 days based on a "timely filed" application for H-1 extension. However, return from international travel is not possible on a pending H-1 application. Return from international travel requires an unexpired H-1 Approval Notice and a valid H-1 visa except as noted in the "Travel Outside the United States" section.

An H-1B extension petition and approval process can take several months to complete. Iowa State University can initiate the extension process up to six months prior to the end date of the current H-1B status.

All requests to extend H-1B status are initiated by the hiring department. Scholars who are interested in extending their H-1B status based on employment at Iowa State University should discuss this with their supervisor. The supervisor must then notify the departmental representative who prepares H-1B extension request and submits it electronically to ISSO.

Maximum Period of Stay

The maximum period of stay in H-1 status is generally six years. (There are some exceptions to this six year maximum in cases where an application for permanent residence has been pending for at least 365 days or for those with an approved Immigrant Petition in a category for which visa numbers are not currently available.) USCIS will not accept an H-1 application for more than three years at a time.