International Scholars

Maintaining H-1B Status

Your Responsibilities as an H-1B Employee

As an H-1B employee in the United States, it is your responsibility to understand and comply with the terms and conditions of your H-1B status during your entire stay in the U.S.  A violation of the immigration regulations could have serious consequences, both now and many years into the future. Review this information carefully.

Consult with an Advisor at International Student and Scholar Services:

  • Questions or concerns regarding your H-1B status or employment at PSU
  • Before any changes in your position at PSU (position, hours/salary, responsibilities, location)
  • Before you and/or your dependents travel outside of the U.S.
  • Before accepting a new position at PSU or with another employer
  • If you plan to leave PSU before the end date on your H-1B approval notice (I-797)
  • If you notice any errors or problems with your immigration documents
  • Questions about lectures or activities outside of PSU


Your Employment at PSU

The H-1B is employer, job and location specific. 

  • Your PSU-sponsored H-1B is only for employment at PSU, and does not allow you to work for any other employer. 
  • Your H-1B is for the specific job approved by DOL and USCIS. This includes all the terms and conditions of the job including, but not limited to job title/rank, salary and benefits, work hours, or responsibilities and duties. Any changes to the conditions of employment must be reviewed by ISSS, and if necessary a new H-1B petition submitted and approved before changes can be made.
  • Your H-1B is also location specific. Any change in work site must be approved in advance.

Consultations and Lectures

During your employment at PSU, you may have opportunities to give lectures at other institutions or conferences. You cannot receive an honorarium or other monetary or material gain for such activities, although you may receive reimbursement for travel and reasonable expenses.

On Leave Status

An H-1B generally maintains lawful visa status in the U.S. only when maintaining paid employment. Before requesting an unpaid leave, contact ISSS. In general, PSU will grant H-1B employees unpaid leave only for situations required by law, such as Family Medical Leave Act (“covered leaves”). Any leave granted in these situations must be thoroughly documented in advance. PSU will not allow employees to remain in PSU-sponsored H-1B status while on a personal, unpaid non-covered leave.

Know Your Documents

Your immigration documents are very important before, during and after your stay in the U.S. as an H-1B employee. Therefore it is important that understand the purpose of each document and your responsibilities to keep them up-to-date and accurate.  

  • Keep your documents valid at all times, especially your I-797 and passport. Know when they end or expire and request an extension or renewal well in advance (at least 6 months).
  • Keep your documents safe. Keep them in a safe location at home or in a safe deposit box at your bank. When you travel, carry the originals, but safeguard them from theft. It is strongly recommend that you carry a copy of your I-797 and I-94 at all times as proof of your legal status in the U.S.
  • Do not discard or lose your documents after you have completed your employment at PSU. You will likely need them again at a later time. 

Important documents for H-1Bs:

  • I-797 approval notice: this document shows that you are the beneficiary of an approved I-129 (H-1B petition). Along with other documents, the I-797 allows you to apply for a visa, enter or re-enter the U.S., and establishes your legal eligibility to remain in the U.S. Your H-1B validity dates are on the I-797 form. 
  • I-129 H-1B petition: this is the application that was filed by PSU on your behalf.  You will be given a copy of it by the time you start your employment. Take this document with you when you apply for an H-1B visa.
  • Passport: Keep your passport and your dependents’ passport valid – and in a safe location – at all times. Report a lost or stolen passport to the police, as your government may require a police report before issuing a new passport. To renew or replace your passport, contact your country’s consulate in the U.S. 
  • Entry visa: If you are entering the U.S. as an H-1B employee, you must apply for and have a valid H-1B. The visa is only for entry into the U.S. The visa can expire while you are in the U.S., but if you depart and wish to re-enter, you must apply for a new visa. See “Travel and Re-entry for H-1Bs.”
  • I-94 Arrival-Departure Record: The I-94 documents your legal entry, or “admission”, into the United States. For most people the I-94 is obtained from the Customs and Border Protection web site (https://i94.cbp.dhs.gov/I94/#/home) after arrival in the U.S.  The I-94 documents the immigration status you status you were granted and the length of time you are allowed to stay in the U.S.  Always check your I-94 after each entry into the U.S. to confirm that your immigration status and H-1B end date have been accurately recorded. If you have been the beneficiary of a change of status or an H-1B extension, your most recent I-94 is on the bottom of the I-797 approval notice.

Report Change of Address

Persons in H-1B and H-4 status must notify US Citizenship and Immigration Services (USCIS) of all residential address changes within 10 days of moving. The address change must be reported using form AR-11 available at https://www.uscis.gov/ar-11. You may complete the AR-11 online or with a paper form.

Taxes

You are required to file a tax return for each calendar year you are present in the U.S. with an H-1B and earning income. Tax return information is available from the Internal Revenue Service (www.irs.gov).

Extending Your H-1B

A petition to extend H-1B status can be filed with USCIS up to six months before the current stay expires. Contact your department to begin the extension process as early as possible. If the petition is filed with USCIS in a timely manner, you may continue on payroll even though USCIS may not adjudicate the petition until after your current period of stay expires. You must be in the United States on the day USCIS receives the extension petition. Note that an extension of your H-1B status does not extend your H-1B visa. If you travel out of the U.S. you will need to apply for a new visa before you can re-enter the country.

Departure from PSU

Dates of H-1B status = dates of employment

Because the H-1B is an “employment visa,” your lawful status in the US ends when your paid employment ends. 

If your paid employment ends before your I-797 Approval Notice expires, you must depart the US immediately upon termination of employment. (USCIS may grant a post-termination grace of up to 60 days with a new immigration petition, but is not guaranteed. You should consult an immigration attorney is such cases.)

If your paid employment and the I-797 Approval Notice end at the same time, check the expiration date on your I-94 record as it may indicate an additional ten-day “grace period” for departure. Grace periods are not automatic, and employment is not allowed during a grace period. 

Change of Employer

A change of employer while in H-1B status requires planning and coordination.  The new employer must apply for a new H-1B, but employment may begin after the new employer has submitted the petition and received a receipt notice. This is referred to as “portability.” Since there is no grace period between jobs, you must plan carefully so that your employment ends and begins without a break. Consult ISSS for details before committing to a new job or resigning a current one.

H-4 Dependents

Your spouse and unmarried children under age 21 are eligible to be H-4 dependents. An H-4 dependent may stay in the U.S. only as long as the H-1B maintains legal status. H-4s must maintain a valid passport and I-94 at all times and comply with the U.S. address reporting requirement. Dependents in H-4 status are not eligible for employment in the U.S., but they may study part-time or full-time. H-4 dependents are responsible for extending their own status by filing form I-539 (usually with the H-1B extension). Children who will turn 21 years of age must apply for a change of status before their birthday or depart the U.S.