Extension Instructions for Departments

arrowWant a quick overview?
Download a PDF sheet outlining the H-1B extension steps.

An H-1B extension is possible if a Yale employee is seeking to remain in the same job for a longer period of time. Extensions are normally granted for a cumulative total of 6 years (with a few exceptions for more time) as long as the application is received by the United States Citizenship and Immigration Services (USCIS) before the expiration of the current H-1B status.

Scholars currently employed at Yale in H-1B status who plan to remain at Yale in the same position are responsible to contact their department administrator to begin an extension eight months prior to the end date of their current H-1B status. In H-1B processing, each application—including extensions—repeats all steps of the H-1B process each time beginning with obtaining a Department of Labor (DOL) prevailing wage. Only after the OISS has completed the prevailing wage process is it possible to file the H-1B extension with the USCIS. Currently there is no expedited “Premium Processing” for the DOL part of the process.

H-1B Extension Instructions

 

1

Contact your Department Administrator at least 8 months prior to the expiration of the scholar's H-1B.

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2

Complete the following and submit to OISS:

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The H-1B Support letter (see instructions)
 
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Prevailing Wage Form (Submit to OISS as soon as possible)
 
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Actual Wage Form
 
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Notice of Filing (Post this form at the work site)
 
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Deemed Export Control Form
 

These forms must be submitted to OISS as soon as possible in order to start the H-1B process.

You can also download these forms as a packet (excluding the sample support letter) below:

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3

Fees and Courier Label

You must also complete the following and submit to OISS:

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Application Fees form
 
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A courier label in order to send the application to immigration services
(address can be found on the Application Fees form)
 
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4

Contact the scholar and ask them to begin work on the "H-1B Scholar Application" materials. These materials can be found on this Web site.


After the Application is Submitted to USCIS

If the extension application is filed with USCIS in a timely manner (before the expiration of the current H-1B status) then the scholar does not have to wait for USCIS H-1B approval notice. With timely filed H-1B extensions the scholar is authorized to continue to work and be paid for up to 240 days after the expiration of his/her current H-1B status. Therefore, in most cases “Premium Processing” is only necessary if the H-1B scholar will be traveling outside the U.S.

When OISS receives the final approval notice from the USCIS, the OISS adviser will contact the department and the applicant. If the applicant is overseas, OISS will send the approval notice to the applicant who must then apply for an H-1B visa to use to enter the U.S. The department is responsible for sending the approval notice to the applicant, via courier service. OISS, or the department, must complete or update the I-9 Form.

Note

The employer is responsible for return transportation costs for any H-1B temporary worker for whom employment is terminated. In addition, the employer must advise the OISS of any change in employment conditions, including promotion or termination.