Maintaining Status (H-1B Faculty)
H-1B status is granted when an employer receives an Approval Notice (Form I-797) from the U.S. Citizenship & Immigration Service (USCIS) approving the H-1B petition. Individuals in H-1B status are permitted to remain in the U.S. as long as they maintain their H-1B status by working only for the employer who has sponsored their status and by adhering to the original terms and conditions of employment.
To maintain H-1B status, you must:
- Make sure your passport always remains valid for at least six months into the future.
- Work only for the employer that has obtained an approved H-1B notice on your behalf.
- Report any proposed changes in employment conditions to ISSS and your academic department. Some examples include: promotion, change in salary, change in benefits, or change of department. Certain changes will require an amendment of your H-1B before they can become effective.
- Ensure that the processing for extensions or amendments of your H-1B status and H4 petitions are started in a timely manner, six months before your current end date.
- There is no standardized grace period for foreign nationals in H-1B status after the authorized period of stay ends. Often, foreign nationals in H-1B status will have ten days after their authorized period of stay to prepare for departure. You must petition for an extension or change of status prior to the end date of your current H-1B status.
- Consult with ISSS to obtain the proper documentation before traveling outside the U.S.
- Report a change of address to USCIS within 10 days of the change. File Form AR-11 with the USCIS to notify them of the change. You should also report the change to your department.
- Ensure your admission stamp and I-94 record indicate H-1b and the correct expiration date.