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 will need to stop all J-1 activities and leave the US within 30 days for 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 a new DS-2019. When submitting a request, the department must be aware that each J category has a maximum time limit, and the request can not exceed the limit for the scholar's category.

Important Note: Scholars are not eligible for a program extension if the scholar has already received a favorable waiver recommendation regarding the two-year home-country physical presence requirement from the US Department of State.

Shortening a J-1 Program 

Regardless of a scholar's reason for leaving Emory (on-time program completion, early program completion, withdrawal), the department administrator must report their departure by logging into ISSS Link and initiating the "J-1 Scholar End of Program" e-form found under "J-1 Scholar Management." Once submitted, the scholar's supervisor will receive an email directing them to complete their portion of the e-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 e-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 will end 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 won't get the standard 30-day grace period to depart the US. They will have to leave the US right away.

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

To request an extension, the department administrator should initiate a new H-1B/E-3 scholar request six to eight months before the scholar'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 scholars and E-3 scholars 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-1B scholars 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 scholar.
• Upon receiving the USCIS receipt notice in the mail, the scholar 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 scholar plans to travel internationally, please discuss with the department's ISSS advisor before making arrangements. 

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

If a scholar's H-1B/E-3 employment with Emory will end before the end date on their I-797, ISSS must notify USCIS and the Department of Labor. Regardless of a scholar's reason for leaving Emory early (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" e-form found under "H-1B/E-3 Employee Management." If the H-1/E-3 is ending early due to the scholar obtaining a green card, the department administrator will be required to upload a copy of the card and confirm that the scholar has completed a new I-9.

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

• Email the department further instructions which depend on reason for the employment ending early.
• Request the withdraw 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 scholars do not get an automatic grace period if their employment is terminated or ended early, so they will need to leave the US right away unless they have already 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 scholar for employment, or
• Has 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 scholar request at least eight months before the scholar'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 6 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 scholar plans to travel internationally, please discuss with the department's 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 scholar leaves Emory.

O-1 scholars don't get a grace period at the end of their authorized stay, so they will need to leave the US right away.

Extending a TN Employee's Employment

To request an extension, the department administrator should initiate a new TN scholar request at least three months before the scholar'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 scholars extend their status through travel. When submitting a request, the department must be aware of the following:

If the TN Scholar 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 scholar will be admitted to the US for up to three years. 
• This is the fastest and least expensive option. 
• The scholar will need to bring their passport, diplomas and transcripts, professional license or certification (if applicable), and an employment offer letter. 
• There is a $50 application fee for Canadians, and Mexican citizens will need to apply for a visa beforehand.
• For Mexican Nationals Only: If a Mexican TN employee extends their status by returning to Mexico, they might have to apply for a new visa stamp at a US consulate there.

If 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 scholar 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 Employee's Employment Early

If a TN scholar will leave Emory early, the department administrator should let their department's assigned ISSS advisor know. Otherwise, there's nothing else the scholar or department need to do.