After H-1B

Strategies and Green Cards

The H-1B has a limited duration of 6 years, total cumulative time during a consecutive stay in the U.S. For those who might want or need to stay longer than this it is important to plan far in advance. Most people who stay in the U.S. after the H-1B maximum time change to some sort of LPR or green card status. Please review the following points and speak to an advisor in OISS while planning your extended stay in the U.S.


	Re-claiming H-1B time If during your H-1B stay you have taken vacation or business trips outside of the U.S. you may be able to “reclaim” this time in the form of an H-1B extension application through OISS.

	Re-Starting the H-1B time period If you have H-1B status but then leave, and live outside the U.S. for 12 months or more you can apply to return to the US in a new H-1B status that includes a new 6 year maximum.

	Extending the H beyond 6 years based on a LPR application There is a legal provision that allows some people to extend their H-1B beyond 6 years, as long as they have made a non-frivolous LPR application at least one year prior to the end of the H-1B. In other words, the deadline is to have immigration receive a complete application before the end of your 5th year in H-1B status.

	Changing to Other Visas Most people in H-1B status would not qualify to begin a new Exchange Visitor Program on the J-1 visa. Canadian and Mexican citizens might qualify for TN status, Australian’s might qualify for E-3 status. Otherwise the only visa option might be the O-1 which is often very difficult to obtain.

For individuals who are in the U.S.


	Fill Out H-1B Application Information Form When applying for H-1B visa status, Yale University must first establish that you will be working temporarily at the University in a specialized occupation. OISS will work with the hiring department to make sure that the appropriate documentation is collected. After you are contacted by OISS or the hiring department you must complete the H-1B Application Information Form:

	Additional Materials You must also provide OISS with the following document copies scanned to PDF (paper may also be possible): Copy of your C.V. Copy of your highest degree certificate, translated if the degree is not in English Copy of the front and back of your I-94 card Copy of the personal data and expiration page in your passport If you are in F-1 student status (or on F-1 optional practical training); copies of all of your I-20 (both sides) and EAD card If you are in J-1 status; copies of all of your DS-2019 forms and a copy of the waiver of the two-year home-residency requirement (if this applies) If you were ever in H-1B status; copies of all previously issued forms I-797 Notice of Action forms issued by the USCIS If you are applying for H-1B status to include clinical responsibilities and patient care, you must also provide: Copies of your medical degree certificate Copies of your unrestricted State license, registration or certificate if required by your specialty Copies of your ECFMG certification Copies of USMLE 1, 2, 3 results Provide the OISS with the location of the American Embassy/Consulate location (city and country) you plan to will apply for the H-1B visa Verification that you are currently employed — per conditions of your valid H-1B status; please provide photocopies of current pay stubs (at least 3-4 months) Please note: This verification is only required if you have H-1B status, are employed elsewhere, and you are moving to Yale. Personal check or money order for $325, payable to "Department of Homeland Security". If you would like the H process expedited speak to your department about the additional Premium Processing fee of $1,225. For details go to the Fees page.

	Accompanying Dependents Only If you have a dependent spouse or children, they must: Submit an original signed (blue ink) Form I-539. Note this is completed and signed by the dependent family member. One check payable to "Department of Homeland Security" for $290. The front and back of I-94 cards for each H-4 family member Passport personal data and expiration page for each H-4 family member If you were ever in H (H-1b or H-4) status before; copies of all previously issued forms I-797 Notice of Action forms issued by the USCIS Copies of the marriage and birth certificates

Legal Permanent Residency (LPR)

Some Yale employees in H-1B status will qualify to have Yale sponsor them for LPR and others will not. Basic eligibility requirements can be found on this Web site.

If it is your desire to apply for LPR status you need to plan in advance. In your 4th year of H-1B status you should evaluate whether or not you qualify for Yale sponsored LPR status.

If you do qualify, OISS at Yale will work with you to meet the H-1B 6 year expiration deadline. If you do not qualify for Yale LPR sponsorship you need to secure an immigration attorney to evaluate whether or not you qualify for another LPR category.

Many researchers at Yale that do not qualify for Yale sponsorship do qualify for a self-sponsored green card. It is important to plan in advance and work with an immigration attorney so that you can file a successful application no later than the end of your 5th year in H-1B status.

Yale University

Office of International Students & Scholars

Immigration

After H-1B

Strategies and Green Cards

For individuals who are in the U.S.

For individuals outside the U.S.

Legal Permanent Residency (LPR)

For Departments

For Scholars

Related Links


	Fill Out H-1B Application Information Form When applying for H-1B visa status, Yale University must first establish that you will be working temporarily at the University in a specialized occupation. OISS will work with the hiring department to make sure that the appropriate documentation is collected. After you are contacted by OISS or the hiring department you must complete the H-1B Application Information Form:

	Additional Materials Provide OISS with the following document copies scanned to PDF (paper may also be possible but is normally slower): Copy of your C.V. Copy of your highest degree certificate, translated if the degree is not in English Copy of the personal data and expiration page in your passport If have ever had J-1 status inside the US; copies of all of your DS-2019 forms and a copy of the waiver of the two-year home-residency requirement (if this applies) If you are applying for H-1B status to include clinical responsibilities and patient care, you must also provide: Copies of your medical degree certificate Copies of your unrestricted State license, registration or certificate if required by your specialty Copies of your ECFMG certification Copies of USMLE 1, 2, 3 results Provide the OISS with the location of the American Embassy/Consulate location (city and country) you plan to will apply for the H-1B visa Personal check or money order for $325, payable to "Department of Homeland Security". If you would like the H process expedited speak to your department about the additional Premium Processing fee of $1,225. For details go to the Fees page.