For how long can one have H-1B status?
H-1B status is initially granted for a maximum period of three years and can be extended to a total of six years (regardless of the number of employers.) At Yale, the period of the petition will reflect the period of the appointment.

Who files the H-1B application on behalf of Yale?
All H-1B requests must be processed through OISS. Outside attorneys are not authorized to petition for H-1B status for any University employee.

Is the H-1B status valid for any employment at Yale?
No. The H-1B is valid ONLY for the position stated on the H-1B petition. The person holding H-1B status cannot accept any other employment in or out of the University.

Can a person who holds H-1B status change employers?
If an individual holds H-1B status and wants to change employers, the new employer must file a new H-1B petition. However, this  must be done within the total six-year limit. The individual may begin working for the new employer, under a new "portability" regulation (AC21), as soon as the new employer has filed their petition, and received Immigration's official notice of receipt.

Can a person in H-1B status give the occasional lecture at an institution other than his or her place of employment?
Persons in H-1B status may give seminars and lectures at other institutions, if the activity is incidental to his or her employment at Yale. However, no honorarium, wage, salary or material gain may be derived from these activities. Reimbursement for transportation and reasonable living expenses is permissible.

What happens if there are changes in the terms of employment after the initial filing and approval?
If there are changes in the terms of employment (including promotions, changes in duties, or change of departments), you must first consult with OISS to determine whether an amended or new petition must be filed. If an amended petition is required, it will be necessary to initiate a new H-1B application.

Can a person have more than one H-1B petition at one time?
Yes. An individual may have multiple H-1B petitions at any one time. However, each employer must petition for the H-1B status.

What is involved in filing an H-1B application?
There are two steps involved in acquiring H-1 B status. The first involves the Department of Labor (DOL) and requires an attestation from Yale that the "prevailing wage" for the particular position is being paid. Upon receipt of an approved Labor Condition Application, the actual H-1B application is submitted to the U.S. Citizenship Immigration Service (USCIS.) This application includes documentation about the nature of the position and the individual's qualifications. If approved, the individual must obtain the H-1B visa overseas or have an USCIS approved change of status to H-1B.

Can the USCIS process be expedited?

USCIS now offers expedited processing in the case of certain petitions. The USCIS Premium Processing Unit guarantees review of cases submitted, within 15 calendar days of the receipt of the application. The request for premium processing can take place at the time the H-1B application is filed, or, during the pending petition process, once the official receipt notice arrives. Either the hiring department or the applicant may pay the fee for this service, which is $1,000. This fee is "in addition to" the standard processing fee of $320. If you are interested in pursuing this option, please discuss with the adviser overseeing the H-1B filing.