Extending H-1 Status for a Stanford Employee

1.1. A Few Things To Remember:

For employees only: no fellowships or other non-salary funding

H status may be held for a cumulative maximum of six years, three years at a time

Physicians MUST be approved by the California Medical Board

We are responsive ONLY to employing departments and units

It will take the I-Center 3 to 4 weeks to prepare the petition for submission to USCIS.

Our internal processing time cannot be expedited.

1.2. When To Request An Extension - at least one condition must apply

90 to 120 days in advance of an H-1 employee's expiration of stay

The job title has not changed since the last petition was filed

The employee has moved between postdoc and research associate

1.3. When To Request An Amendment - at least one condition must apply

A change in FTE

A job change other than postdoc to research associate.Moves between departments do not require an amendment unless there is a change in job title such as postdoc to regular staff

1.3.1. Go back to the instructions for new H-1s if an amendment is needed.

1.4. Premium Processing

This service is ultimately used in 95% of H-1 filings. Please use it at the time of initial submission, rather than waiting until the need for travel or other urgency. Non-Premium cases take about 6 months to be processed. We assume Premium Processing will be used in this case; if you don't want it, please state that explicitly in the email we refer to under the "Submission" heading.

1.5. Submission of Required Documentation

Stanford Administrative Guide Memo 28.1 requires the department be responsible for filing visa petitions on behalf of prospective foreign national employees. The Bechtel International Center reserves the right to require that all communication regarding the visa be through a designated department representative other than the beneficiary. All academic staff appointments may be submitted by the department, however, we require all non-academic staff's petition to be submitted to be approved by and submitted through your school's Human Resources Administrator. We also require that all forms and documentation be submitted through the designated department representative unless requested otherwise.

Step 2. Initiating the H-1 Petition

2.1 Download the H-1 Intake Form. Once you complete the form, please submit it by clicking on the "Submit" button at the bottom of the page.

2.2. Download and Submit Prevailing Wage Documents If Required

2.2.1. Checking the validity dates of the current LCA:

Check the Labor Conditions Attestation form (called the LCA or ETA 9035) in the public file initially created for this position. If the LCA will expire before the requested H-1 end date, a new LCA needs to be created

2.3. If a new LCA is required, please follow the Prevailing Wage instructions (Step 2.2) on the "Obtaining H-1 Status for a Stanford Employee" page.

2.4. Update the Public Access File if new LCA is required. Please follow the steps to Create the Public Access File (Step 3) on the "Obtaining H-1 Status for a Stanford Employee" page.

Step 3. Compile and Submit the Required Application Documentation.

3.1 Download and Submit H-1 Datasheet

3.2 Checklist of Required Documentation

3.3 Submission of the Required Documentation.

Reception Desk

Bechtel International Center Second Floor

Attn: H-1 Unit

584 Capistrano Way, Box 20227

Stanford, California 94309-0227

MC 8245

Please leave the documents with the Front Desk Receptionist-- NOT the Office of Foreign Scholars.

3.4 Dependent Documents

Employees with dependents will need to include additional forms with the H-1 petition.

Employees with dependents will need to include additional forms with the H-1 petition. Please visit this link for information about required documentation for dependents.

Step 4. I-Center Creates Forms and Sends Forms to Department

Once the I-Center has received the H-1 Datasheet, Prevailing Wage Forms and H-1 Documentation, we can create the I-129 form. Once we have created the form, we will send it to the department contact as an Adobe PDF document attachment to the contacts e-mail address. This single attachment will include the I-129, H Classification Supplement to Form I-129, H-1B Data Collection and Filing Fee Exemption Supplement and the I-907, Request for Premium Processing Service form.

When you receive the forms, look it over for essential errors. Because the form is used for a variety of visa types, there are blanks areas; this doesn't mean that information is missing or has been forgotten, but much more likely that the element is not relevant to the petition at hand.

Note that start dates are sometimes adjusted to reflect practicalities: the government will not approve an H-1 retroactively, and processing time is taken into account. End dates are determined by factors including funding and the three-year statutory maximum increment allowed on any H-1 approval. An H-1's period of validity must be comprehended by the supporting LCA, as well.

If you find problems, please notify us so we can take care of them before forms are signed.

Step 5. Sign I-129 and LCA and Return to I-Center

5.1. Required Signatures

5.1.1 Check the I-129 form for any errors

5.1.2 Print 2 Copies

5.1.3 Have the form signed in blue ink by the supervisor whose name is on the form. Required signatures are marked on the I-129 forms by a check mark. Please sign all three forms.

5.1.4 Please give the employee a copy of the signed LCA and I-129 if in the US. If the employee is outside the US, send them the copies with the Approval Notice you will receive from USCIS.

5.2 Mailing Labels

If you included a PTA number on the H-1 Data Sheet, then the I-Center will prepare the mailing labels. If you would like to prepare the mailing labels yourself, please bring a prepaid label and standard sized mailing envelope to the I-Center. It may be USPS, FEDEX or any other domestic carrier. Please address it to one of the two addresses listed below that corresponds to the type of service you're requesting.

By Express/Courier Mail Service (FEDEX, DHL, UPS):

Regular Processing

ATTN: I-129

USCIS California Service Center

24000 Avila Road

2nd Floor, Room 2312

Laguna Niguel, CA 92677

800-375-5283

Premium Processing Service

ATTN: I-129

USCIS California Service Center

24000 Avila Road

2nd Floor, Room 2312

Laguna Niguel, CA 92677

(949) 831-8550

By US Postal Service

    Premium Processing Service

    USCIS ATTN: I-129

    California Service Center

    P.O. Box 10825

    Laguna Niguel, CA 92607

    H-1 Extensions

    USCIS

    California Service Center

    ATTN: H-1B Extensions

    P.O. Box 10129

    Laguna Niguel, CA 92607-1012

Please note that the USCIS no longer permits the use of return express mail packages. They will send the approval notice by regular mail to the I-Center.

5.3 Required Checks

All checks should be made out to "United States Citizenship and Immigration Service. Each fee should include paid on a separate check.

Basic H-1 fee for all petitions.....................................$320

Dependent form (applicant responsibility).......................$300

Premium Processing................................................$1000

Premium Processing guarantees that Citizenship and Immigration Services will render a decision in 15 days.

5.4 Submission of Forms, Labels and Checks

Gather the following items:

Signed I-129 forms and supplements

Signed LCA forms

Mailing Label

Checks

Please submit to:

Reception Desk

Bechtel International Center Second Floor

Attn: H-1 Unit

584 Capistrano Way, Box 20227

Stanford, California 94309-0227

MC 8245

Please leave the documents with the Front Desk Receptionist-- NOT the Office of Foreign Scholars.

Once we receive these items, we will compile the petition and send it to DHS. We will notify you by e-mail once sent.

Step 6. DHS Processing

6.1 DHS Processing Times

Regular Processing -Takes 3 to 6 months from submission to approval.

Premium Processing - Takes 3weeks from submission to approval.

6.2 When to Begin Employment

6.2.1 New Employees Outside the US

New Employees with I-797 Notice of Approval and an H-1 visa stamp cannot enter the US more than 10 days before the start date on the I-797. Canadians may enter without the visa stamp. Employees who enter in H-1 status must begin payroll no later than 60 days after the start date on the I-797.

6.2.2 New Employees Within the US Changing Status to H-1

May begin work no earlier than the approved date on the I-797 and no later than 30 days from the start date.

6.3 Obtaining the Visa Stamp

6.3.1 If outside the US with no H-1 visa stamp or expired H-1 visa stamp the employee will need to make a visa appointment with a US Consulate abroad. A list of US consulates may be found at http://usembassy.state.gov.Instructions on what to bring vary from consulate to consulate but you should be prepared to submit the documentation listed below.

6.3.2 If inside the US in currently in H-1 status or other status and then the employee may remain in the US for the duration of the I-94 card attached to the I-797 H-1 Approval Notice. If you do leave the US during the validity of the I-94 dates, you will need to obtain a visa stamp before you can re-enter the US. If the I-797 did not have an attached I-94 card, you should check with the I-Center to ask if employee needs a visa stamp before beginning H status.

6.3.3 List of documentation for H-1 Visa stamp

1. THE ORIGINAL form I-797 - approval of H visa status as generated by the U.S. Immigration & Naturalization Service.

2. A COPY OF THE ETA 9035 (LABOR CONDITION APPLICATION) as APPROVED by the U.S. Dept. of Labor.

3. A COPY OF THE SIGNED I-129 petition as filed by Stanford University with the Immigration & Naturalization Service. The document should be signed by the employer. The I-Center preparation signature is not required.

4. A CURRENT LETTER OF EMPLOYMENT AFFIRMATION from the Stanford University department.

You should also be prepared to submit copies of the same documentation used to obtain your last H approval.