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After H-1B

According to the general rule, a non-immigrant worker may remain in H-1B status for up to six years total. If you are approaching this end date and your department would like to continue employment, it is important to communicate with OIS at least six months in advance in consideration of the options below:

Recapturing Time Spent Outside the U.S.: An individual who is in H-1B status and needs to extend his/her H-1B status beyond the end of the sixth year of eligibility can apply for an extension to “recapture” time spent outside the U.S. while in H-1B status. This time outside the U.S. could have been for any reason, including vacations, conferences, or waiting to obtain a new visa. To extend your status, you must provide detailed records of the time spent outside the U.S., including, but not limited to: Exit and entry stamps in current or previous passports, relevant visa stamps, travel itineraries, boarding passes, tickets, and credit card bills for expenses incurred while outside the U.S.

Restarting your H-1B Time: 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 U.S. in a new H-1B status that includes a new six-year maximum.

Extending your H-1B Beyond Six Years: It is possible to obtain H-1B status beyond the six-year limit in the following situations:

365 days or more have passed since the filing of any application for labor certification (Form ETA 750 or 9089);
365 days or more have passed since the filing of an employment-based immigrant petition (I-140); or
You are the beneficiary of an approved employment-based immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.

Lawful Permanent Residency: If it is your desire to apply for lawful permanent resident status, you need to plan several years in advance. Some employees will qualify to have University sponsorship and others will not. If you are in H-1B status and have not yet consulted with OIS regarding your options for permanent residency, make sure to do so before the end of your fourth year in H-1B status.