Maintaining Status
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 IES 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 grace period for foreign nationals in H-1B status after the authorized period of stay ends. You must petition for an extension or change of status prior to the end date of your current H-1B status.
- Consult with IES 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.