H-1B FAQ

The H-1B application process can take 7 months or longer. Please plan accordingly.

A request for premium processing affects only the processing time after the H-1B petition is filed with U.S. Citizenship and Immigration Services (USCIS). ISO may still need several months to prepare the H-1B petition for filing.

If you are now in the U.S. and hold H-1B status, the application for extension of stay should be filed with USCIS as early as possible, up to 6 months prior to your I-797 Approval Notice expiration date. Note that it may take 2-3 months to assemble the application documents. If USCIS receives the extension application prior to the I-797 expiration date, you may continue working for 240 days after your current H-1B expires while the petition is pending.

There is an annual limit of 65,000 new H-1Bs that may be issued. This number is referred to as the H-1B “cap.” However, institutions of higher education including the University of Washington are exempt from that cap.

You may hold H-1B status for a total of 6 years; an H-1B employer can request H-1B status for you in increments of up to 3 years at a time. Only time spent in the U.S. counts toward the 6-year limit. If you reach a certain stage in the green card process (either self-sponsored or UW-sponsored), you may be eligible for “AC-21” extensions beyond 6 years.

A “portability” provision in the H-1B regulations allows UW employees who are moving from a prior H-1B employer to begin working at UW as soon as the new H-1B petition is filed with USCIS. If you are moving to UW and wish to take advantage of H-1B portability, do not leave your current paid job until we notify you that the UW’s petition has been received by USCIS. For more information about portability, contact ISO.

The University of Washington requires graduates of U.S. schools to exhaust their eligibility for Optional Practical Training (OPT), including STEM OPT, before changing to H-1B status. This is because H-1B sponsorship is costly, time-consuming, and has much higher risk for both the university and the employee than F-1 OPT. Be sure the H-1B application process begins early enough that the H-1B is approved before the OPT expires.

There is one exception to this rule, for OPT holders who are hired into a professorial faculty appointment; because a professorial appointment is inconsistent with the “training” purpose of OPT, OPT holders must be moved to an H-1B as soon as possible.

If you are a current or former J-1 Exchange Visitor and are subject to the 212(e) two-year home country physical presence requirement, that requirement will prevent you from receiving an H-1B visa or changing status to H-1B inside the U.S. unless you spend 2 years in your home country or are able to have the requirement waived. The State Department has more information on the 212(e) waiver process.

No. The H-1B is a nonimmigrant status, but you may apply for a green card if you meet certain eligibility requirements. The USCIS website has helpful information.

Yes, provided that taking classes does not become your primary purpose for being in the U.S. At all times you must fulfill the terms and conditions of your H-1B status, including full-time employment. There are no study restrictions for H-4 dependents.

An H-1B employee with a pending permanent residence application may be eligible for an Employment Authorization Document (EAD). The holder of a valid EAD can work legally without H-1B status. However, there may be advantages for both the employing UW department and the foreign national if H-1B status is maintained until the green card is issued. Contact ISO to discuss.