H-1B Extensions

Stony Brook University may file an H-1B extension to continue employing an individual in H-1B status beyond the current petition end date. Extensions are generally granted for up to three years at a time, depending on eligibility and the position.

Departments should plan ahead to ensure there is sufficient time to prepare and file the extension petition with U.S. Citizenship and Immigration Services (USCIS).

When to Begin the Extension Process

USCIS allows an H-1B extension petition to be filed up to six months before the current H-1B expiration date.

To initiate an H-1B extension, departments should submit a new Immigration Counsel Referral Request to Visa and Immigration Services approximately six months before the employee’s current H-1B end date to allow sufficient time for preparation and filing.

Continued Work Authorization While the Extension Is Pending

If the university files the H-1B extension petition before the current H-1B expiration date, the employee may continue working for Stony Brook University for up to 240 days while the petition is pending with USCIS.

If the petition remains pending after 240 days, employment must stop until the petition is approved.

Maximum H-1B Duration

Most individuals may hold H-1B status for a maximum of six years.

In some circumstances, extensions beyond six years may be possible, including:

Recapturing time previously spent outside the United States
One-year extensions based on a pending permanent residence process
Three-year extensions based on an approved I-140 immigrant petition

Visa and Immigration Services will review each case to determine eligibility.

Travel While an Extension Is Pending

International travel while an H-1B extension is pending can have immigration implications.

Employees should consult Visa and Immigration Services before traveling internationally while an extension petition is pending.

Required Documentation

Employees may be asked to provide the following documents during the extension process:

Copy of passport (biographical page)
Current visa stamp (if available)
Most recent I-94 record
Current H-1B approval notice (Form I-797)
Recent pay statements
Updated curriculum vitae (CV)

Additional documentation may be requested depending on the case.

Employee Responsibilities

Employees must:

Maintain a valid passport at all times
Provide requested immigration documents promptly
Notify Visa and Immigration Services of any international travel plans
Inform VIS of any changes to job duties, salary, or work location