Understanding the H-1B Visa
The H-1B is a Specialty Occupation work authorization visa with a cumulative maximum duration of 6 years.
The initial period of stay for those in H-1B status is three (3) years, with extensions available for up to three (3) years thereafter. Previous time spent in H (except H-4) or L (except L2) classifications count toward the available six-year H-1B period of stay.
If, however, the beneficiary has been physically absent from the U.S. for more than one (1) year, he/she/they are eligible for another six (6) years in H (or L) status. In other words, the six-year clock "restarts" if the beneficiary has remained outside of the U.S. for twelve (12) consecutive months.
The I-94 "admit until" date controls the beneficiary's period of stay in H-1B status.
Unlike F or J visas, which are granted admission D/S (Duration of Status), the H-1B has a set termination date for your period of stay in the U.S. The U.S. Immigration Service operates under the "Last Action Rule." Your "admit until" date will be controlled by the last-issued document:
- Your I-797A Approval Notice, containing your new I-94; or
- Your I-94 record from your most recent admission to the U.S. in H-1B status after travel abroad
The 240 Day Rule
If you are currently in H-1B status and need to change employers from a previous institution to SCSU, then your H-1B petition must be filed before you can begin work at SCSU as an H-1B due to the "240 Day Rule."
As long as your employer has filed an H-1B Extension petition before your currently H-1B expires, the beneficiary of the H-1B remains in a period of authorized stay and may continue to work for SCSU for 240 days after the current expiration date while USCIS adjudicates the extension.
H-4 dependents will likewise continue in valid status for 240 days if their I-539 extension is filed before the expiration of the current H-4 with restrictions on the dependent's ability to travel and re-enter the U.S.
Study while on H-1B status
You may enroll in classes during your time in H-1B status but it cannot interfere with your ability to perform the work-related duties listed on the H-1B petition.
H-4 dependent study may also take place during this time. Your spouse and children in H-4 dependent status may take classes as either full- or part-time students. Spouses may also be permitted to work under special circumstances.
H-4 Dependent Work Authorization
Effective May 26th, 2015, certain H-4 dependent spouses of H-1B non-immigrants can file Form I-765: Application for Employment Authorization, if the H-1B non-immigrant:
- Is the principal beneficiary of an approved Form I-140: Immigrant Petition for Alien Worker; or
- Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).
Basic Rules for Extensions and Amendments to the H-1B
- Your amendment petition must be filed with USCIS before any changes occur. These changes must not take effect before the amendment petition is accepted by USCIS
- Your extension petition must be filed with USCIS before the current petition end date
- Your extension petition may be filed with USCIS up to six (6) months prior to the extended H-1B start date
For more information on SCSU’s H-1B processes, please contact the OIE at email@example.com. Please note that the information on this webpage should not be construed as legal opinion or legal advice.