An H-1B visa is a type of visa that requires direct employer sponsorship for an international employee.

H-1B EXTENSION

H-1B extensions should be started at least six (6) months prior to the expiration of the current H-1B status. An extension petition cannot be submitted sooner than six months prior to the current H-1B expiration date.

The H-1B visa can be extended for up to a six (6)-year maximum duration. The extension cannot go beyond six years unless the H-1B employee has a pending or an approved I-140, Petition for Permanent Residency as specified by the AC21 104 (C).

If the H-1B employee has a pending I-140 petition with the United States Citizenship and Immigration Services (USCIS), KU Medical Center can only request one (1) year of H-1B time beyond the 6-year maximum duration. If the H-1B employee has an approved I-140 petition, KU Medical Center will be able to request an additional three (3) years of H-1B time.

When the H-1B extension case is being filed, the H-1B employee must be present in the United States at the time of filing the petition. An H-1B Extension request process is the same as with any regular H-1B request. To initiate the extension, please reference the H-1B Request Process page and submit the necessary questionnaires and supporting documents to Kimberly Connelly and Irina Aris.

Portability Rule

Per CFR 274a.12(b)(20), an H-1B employee, whose extension petition had been filed in a timely manner (prior to the expiration of the current H-1B status), has an automatic extension of their work authorization for up to 240 days beyond the current expiration date. While the H-1B extension is pending with the USCIS, an H-1B can continue to work. OIP will issue a 240-day verification letter when the portability rule is in effect. Please contact Kimberly Connelly and Irina Aris if you have not received a copy of the letter or if you have any other questions.

H-1B AMENDMENT

KUMC is required to file an amendment petition when there are "material changes" to an H-1B employee's position and employment. The amendment petition must be submitted prior to these changes taking effect. Material changes include:

• Significant changes in duties
• Change in position title
• Significant changes in salary
• Change in location
• Change in hours worked (i.e. switch to part-time)

Contact Us

For any questions or assistance in determining whether a filing of an amendment petition is required, please contact Kimberly Connelly and Irina Aris. To initiate the amendment petition process, please reference the H-1B Request Process page and submit the necessary questionnaires and supporting documents to Kimberly Connelly and Irina Aris.