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International Programs  :  Immigration Overview  :  Temporary Employees  :  Requesting an Extension

Requesting an Extension

H-1B

The application process for an extension is the same as for a new employee.  All request forms and support documents must be provided.  The petition must be submitted and receipted by USCIS prior to the current H-1B expiration date. The employee may continue to work for KUMC for 240 days while the extension is pending.  H-1B extensions may be granted for up to a three year period, not to exceed the six year maximum in H-1B.

Extensions in H-1B Beyond the Six Year Maximum

It is possible to obtain H-1B extensions beyond the six-year limit for the following individuals:

  • 365 days or more have passed since the filing of an EB immigrant petition (I-140)
  • Individuals from over subscribed countries, whose I-140s have been approved, but who cannot adjust their status solely because their priority dates are not current on the basis of the per-country limits
  • 365 days or more have passed since the filing of any application for labor certification that is required or used by the alien to obtain status as an EB immigrant.

TN

There are two options for extension for a TN status holder. The employee may: exit the US, apply for new TN status, then re-enter the US; or the employer may apply for an extension of the employee’s status through USCIS.  If the employer applies for the extension, the department must submit the Request for TN petition, the applicant must submit the Applicant Information form, and all supporting documents and fees must be attached.  Note that a Prevailing Wage determination is not necessary.  TN extensions may be granted for up to 3 year period only.  There is no cumulative limit on the TN's total stay in the US.

O-1

The application process for an extension is the same as for a new employee.  All request forms and support documents must be provided.  The petition must be submitted and receipted by USCIS prior to the current O-1 expiration date. The employee may continue to work for KUMC for 240 days while the extension is pending.  O-1 extensions will be granted for a one year period only. There is no cumulative limit on the O-1’s total stay in the US.

E3

There are two options for extension for a E3 status holder. The employee may: return to Australia and apply for a new E3 status, then re-enter the US; or the employer may apply for an extension of the employee’s status through USCIS.  If the employer applies for the extension, the department must submit the Request for extension and the applicant must submit the Applicant Information form, and all supporting documents and fees must be attached.  A Prevailing Wage is necessary.  E3 extensions may be granted for up to 2 years.  There is no cumulative total on the E3 total stay in the US.