Maintaining H1-B Status
You are responsible for understanding and complying with the terms of your H-1B status during your stay in the U.S. Violating immigration regulations could have serious consequences. This is a summary of the complete information on maintaining H-1B status which can be found here. Please contact the International Faculty Advisor if you have questions.
Know your immigration documents:
- I-797 approval notice: This document allows you to apply for a visa, enter or re-enter the U.S., and (along with other documents) establishes your legal eligibility to remain in the U.S. Make sure you are aware of your petition’s validity dates on the I-797 form.
- Your I-94 card – the small piece of paper stapled in your passport; indicates the status in which you were admitted to the U.S. and the duration for which you were admitted at your last entry to the U.S. If you have changed status or an H-1B extension was filed for you, your most recent I-94 is on the bottom of the I-797 approval notice.
Always keep your passport valid until at least the end of your current petition. To renew or replace your passport, contact your country’s consulate in the U.S.
You may only work in the position for which your H-1B was approved. Your H-1B is both employer- and job-specific. You may only work for the employer listed on your I-797 approval notice
H-1B’s may not accept honoraria. If you give an occasional lecture at other institutions or conferences, you may not accept an honorarium or other compensation but you may receive reimbursement for travel and reasonable expenses.
Extend your status in a timely manner. A petition to extend H-1B status may be filed with USCIS as early as six months before the current petition expires. Contact your department to begin the extension process.
Maintain a full-time appointment. Your employment at PSU must remain full-time while you are under PSU visa sponsorship. PSU does not provide H-1B visa sponsorship for part-time positions.
Report an address change to USCIS within 10 days of moving. Go to http://www.uscis.gov and complete the form AR-11 under the link “Change Your Address with USCIS”.
Depart the U.S. in a timely manner. Because the H-1B is an “employment visa,” your lawful status in the U.S. ends when your paid employment ends. If your paid employment ends before your I-797 Approval Notice expires, you must depart the U.S. immediately upon termination of employment.
Taxes. You are required to file a yearly tax return with the Internal Revenue Service (http://www.irs.gov).
Dependents in H-4 status. Dependents accompanying you to the U.S. may enter as H-4 dependents. Only the spouse or unmarried children (under age 21) are eligible to be classified as H-4 dependents according to immigration law. Dependents in H-4 status are not eligible for employment in the U.S. but they may study part-time or full-time.
PLEASE CONSULT WITH THE INTERNATIONAL FACULTY ADVISOR:
- If you notice any errors on your immigration documents.
- Before you or your dependents travel outside the U.S.
- Before changes (promotion, change in responsibilities) in your position at PSU occur.
- Before accepting a new position at PSU or at another institution.
- If you plan to leave PSU before the end date on your I-797 approval notice.
(Adapted with permission from the Office of International Students and Scholars, University of Washington)