Change Program Length (Extend/Shorten)

Extending a J-1 Program

To request an extension, the department administrator should initiate a new J-1 scholar request at least three months before the J-1 scholar's current DS-2019 end date. Requests submitted after the DS-2019 end date will be denied, and the scholar must stop all J-1 activities and leave the US within 30 days of the program end date. The process is the same as the initial request process, and if the request is approved, the J-1 scholar will receive an updated DS-2019. When submitting a request, the department must be aware that each J category has a maximum time limit, and the request cannot exceed the limit for the scholar's category.

Important Note: Scholars are not eligible for a program extension if they have been approved for a waiver of the 212(e) two-year home-country physical presence requirement by the US Department of State.

Shortening a J-1 Program 

Regardless of a scholar's reason for leaving Emory (e.g., on-time program completion, early program completion, withdrawal, etc.), the department administrator must report their departure by logging into ISSS Link and initiating the J-1 Scholar End of Program form. This form can be accessed by logging into ISSS Link, navigating to the Departmental Services tab, and under Tasks, clicking on J-1 Scholar Management. Once submitted, the scholar's supervisor will receive an email directing them to complete their portion of the form. The supervisor will be asked to confirm the scholar's last day at Emory and if the scholar successfully completed their program objectives. The form must be initiated by the department administrator and completed by the supervisor before the scholar completes or withdraws from the J-1 program. 

If the scholar ends their program earlier than originally expected, ISSS will shorten the J-1 program in SEVIS and provide the scholar with an updated DS-2019. If the scholar is requesting a transfer of their SEVIS record to another Exchange Visitor Program Sponsor, the scholar's ISSS advisor will work with the scholar and the new J-1 sponsor to transfer the SEVIS record. 

Grace Periods

• If the scholar completes their program objectives by their program end date, they will have a 30-day grace period to leave the US.
• If a scholar finishes their exchange program early and the DS-2019 is updated accordingly, they will have a 30-day grace period to leave the US.
• If a scholar withdraws from their exchange program early without completing it, the scholar will not have a grace period and must depart the US immediately. 

Extending an H-1B/E-3 Employee's Employment

To request an extension, the department administrator should initiate a new H-1B/E-3 request six to eight months before the employee's end date. The process is the same as the initial request process. Thus, a petition needs to be filed with USCIS for H-1B employees. E-3s have the choice to file a petition or travel abroad and reenter the US. If a petition is filed and the extension is approved by USCIS, a new I-797 will be issued. When submitting a request, the department must be aware of the following:

• Length of Stay:
  • H-1Bs can stay in the US for up to six years total. Each individual extension request can be up to three years.
  • There is no limit on the total length of stay for an E-3 employee.
• Upon receiving the USCIS receipt notice in the mail, the employee will receive an extension of stay and authorization to continue working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision on the petition, whichever comes first.
• Once the hiring department initiates the process of filing the H-1B/E-3 extension with USCIS, there are potential risks involved with traveling abroad. If the employee plans to travel internationally, they should contact their ISSS advisor before making arrangements. 

Ending an H-1B/E-3 Employee's Employment Early

If an employee's H-1B/E-3 employment with Emory will end before the end date on their I-797 approval notice, ISSS must notify USCIS and the US Department of Labor. Regardless of an employee's reason for leaving Emory early (e.g., voluntary resignation, involuntary resignation, termination, permanent residency (green card) approval etc.), the department administrator must report the change by logging into ISSS Link and initiating the H-1B/E-3 Status or Employment Ending Early form found under H-1B/E-3 Employee Management. If the H-1/E-3 is ending early due to the employee obtaining a green card, the department administrator will be required to upload a copy of the green card and confirm that the employee has completed a new I-9.

Once submitted, the department's ISSS advisor will review the form and do the following:

• Email the department further instructions which depend on the reason for the employment ending early.
• Request withdrawal of the approved Labor Condition Application (LCA) from the US Department of Labor.
• Request USCIS to revoke the remaining time on the H-1B/E-3 petition.

Grace Periods

H-1B and E-3 employees do not have an automatic grace period if their employment is terminated or ended early. They must leave the US right away unless they have taken action to extend their stay such as: 

• Secured employment elsewhere, and the new employer has already filed its H-1B/E-3 petition to sponsor the H-1B/E-3 for employment, or
• They have filed a petition to change status inside the US to another status prior to the end date of their employment.
• Obtained permanent residency (green card).

Extending an O-1 Employee's Employment

To request an extension, the department administrator should initiate a new O-1 request at least eight months before the employee's end date. The process is the same as the initial request process. When submitting a request, the department must be aware of the following:

• O-1 status can be extended in one-year increments. Although USCIS does not have a maximum length of time that an individual can stay in O-1 status, in ISSS' experience, requests to stay in the US for more than six years are scrutinized more closely.
• Once the hiring department initiates the process of filing the O-1 extension, there are potential risks involved with traveling abroad. If the employee plans to travel internationally, they should discuss their plans with their ISSS advisor before making arrangements. 

Ending an O-1 Employee's Employment Early

The department should complete an O-1 Early Termination Notification (PDF) before the employee leaves Emory.

If departing early, O-1 employees are not granted a grace period, so they must leave the US right away

Extending a TN Employee's Employment

To request an extension, the department administrator should initiate a new TN request at least three months before the TN's end date. The process is the same as the initial request process. Thus, TNs have a choice to file a petition or travel abroad and reenter the US, but in most cases, ISSS recommends that TN professionals extend their status through travel. When submitting a request, the department must be aware of the following:

If the TN professional travels and reenters the US (recommended)

• The TN employee returns to Canada or Mexico and re-applies for admission to the US in TN status at the port of entry.
• The TN will be admitted to the US for up to three years.
• This is the fastest and least expensive option.
• The TN will present their passport, diplomas and transcripts, professional license or certification (if applicable) and an employment offer letter.
• There is a $50 application fee for Canadian nationals.
• For Mexican Nationals Only: If a Mexican TN employee will extend their status by returning to Mexico, they might have to apply for a new visa stamp at a US consulate while abroad.

If a petition is filed with USCIS from within the US

• Emory submits a petition to USCIS to request an extension.
• Upon receiving the USCIS receipt notice in the mail, the TN professional will receive an extension of stay and authorization to continue working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision on the petition, whichever comes first.
• If the petition is approved by USCIS, a new I-797 will be issued. 

Ending a TN Professional's Employment Early

If a TN professional will leave Emory early, the the TN professional and department administrator should notify their department's assigned ISSS advisor.