INFORMATION FOR H-1B TEMPORARY WORKERS

Maintaining H-1B Status

H-1B Documents

Passport
All non-immigrants must have a valid passport to enter and remain in the U.S. In most cases, the passport needs to be good for at least the next six months any time the individual seeks admission into the country. Do not let your (or your dependents’) passport expire while staying in the U.S. or you (or they) could lose eligibility for certain benefits.

Form I-797
This form is also known as your "Notice of Action" or "Approval Notice." It is issued by the United States Citizenship and Immigration Services (USCIS) and indicates that you have been granted H-1B work authorization for the length of time specified on the form. You will need to show the I-797 to the Customs and Border Protection (CBP) officials each time you enter the U.S. in H-1B status. This form is also required to apply for or renew a Missouri driver’s license.

H-1B Temporary Worker Entry Visa
Unless you are a Canadian national, you must have a valid H-1B visa page (stamp) in your passport in order to be allowed to enter the U.S. to work in H-1B status. This page cannot be issued by the U.S. State Department until you receive H-1B work authorization, as proved by your original Form I-797. A visa page is an entry permit valid for a specific time frame-it allows the holder to seek admission into the U.S. at a port-of-entry, but it neither guarantees admission into the country nor determines how long you can legitimately stay in the U.S. Because a visa page is only used when entering the country, it can expire during your stay in the U.S. The expiration of the entry visa does not affect permission to stay or permission to work in the U.S.

Form I-94 (Arrival-Departure Record):
This small card records your entry into, and departure from, the U.S. It indicates your name, date of birth, country of citizenship, place and date of entry, and non-immigrant category (status). Above all, it is the official record of your period of authorized stay in the U.S. Normally, the end date on your I-94 card should match that on your I-797, with the possible addition in some cases of an extra 10 days to enable you to get your affairs in order before leaving the country. If the end date on your I-94 or that of your dependents is incorrect (either earlier or later than what it should be), immediately bring this up with the officer who gave you the card or tell your OISS Scholar Advisor. A stay beyond the I-94 card end date can have serious consequences for you and/or your dependents.

You will receive an I-94 card at the port-of-entry every time you are admitted into the U.S. When you exit the United States, you turn in the card. If you change or extend your status within the U.S., you will receive a new I-94 card as part of Form I-797. The original should be kept in your passport. If an I-94 card is lost, contact OISS immediately.

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Extending H-1B Status

All extensions of H-1B status must be requested of the OISS by your department.

If your current employment will continue, without change, past the end date of your approved H-1B status, you may be able to receive an extension of your status. Cumulative duration of H status (not including time spent as an H-4) is limited to six years, regardless of any changes in position and/or employer. Previous, non-consecutive periods of H status count toward this total, unless you spent more than 12 months in your home country between these periods of H status.

In addition, you may be able to extend your H-1B beyond six years based on travel outside of the U.S. To request recapture of time spent outside the U.S., it is the recommended you create a travel folder. Time spent outside of the U.S. while your H-1B petition is valid is not considered to be time spent in H-1B status. If necessary, time spent outside of the U.S. may be added on to the length of time you are allowed to remain in the U.S. in H-1B status. You should maintain a travel folder with the documentation that would be required for recapture of H-1B time. This way, you can apply for a recapture should the need arise. The recapture of time spent out of the U.S. is granted at the discretion of (USCIS), and is based on the documentation submitted. There is no guarantee the request will be approved.

If you are eligible for an extension and foresee that you will need one, please discuss this with your Department’s Administrative Contact at least six months before your current status ends. This will enable us to process your extension application in a timely manner, which is necessary to prevent any work stoppage from occurring. If the application is submitted before your current status ends, your H-1B work authorization will be extended automatically for 240 days past your original end date to cover until your extension application is approved.

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Employment Regulations

Your H-1B visa is for a specific employer and job. The approval of your position at Washington University means that you are only eligible to work in that position.

Your H-1B status expires on the date listed on your current I-94 card or the last day worked, whichever comes first.

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Changes in Employment

Your H-1B status is your authorization to work in a specific position at Washington University for a particular period of time. If any of the following change, the OISS may need to file an amended petition:

• The department that you work for
• Your specific job title or your duties/responsibilities
• Status (i.e. part-time vs. full-time)
• Salary (an annual increase greater than 10% or any decrease)
• Qualifications required to perform the position

If you anticipate such a change, consult with your department’s Administrative Contact immediately. You cannot begin working under the new conditions until the amended petition is approved, unless portability is requested.

*** Portability - The H-1B portability provision may apply in two different situations:

For amended petitions in which there is a material change in employment, requesting portability can allow for the change in employment to take effect as soon as the Receipt Notice for the H-1B petition is received by OISS.

Portability also allows for nonimmigrants currently in H-1B status with one employer to begin employment with a new employer as soon as the new employer files a non frivolous I-129 petition for new H-1B employment. The new employer and beneficiary do not have to wait for the new petition to be approved for the new employment to begin.

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Changing Employers

Your H-1B status is employer-specific. If you wish to accept a job offer from another employer instead of, or concurrent to, the job in which you are currently engaged, that employer will need to file another H-1B petition on your behalf. An H-1B who is seeking concurrent employment will have to wait until the new petition has been approved to begin the additional job, or use the portability provision to start sooner. If you are changing employers, however, you can usually begin working in the new position as soon as USCIS has received the new petition, without waiting for it to get approved. Discuss with the person/organization filing your new H-1B petition the details of this "portability" provision.

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Termination of H-1B Employment

OISS strongly recommends that an H-1B employee whose employment is terminated, either voluntarily or involuntarily, seek out advising from the OISS concerning his/her situation prior to the last day of employment.

Effects of termination on H-1B status:

• The H-1B status is linked to employment. Once employment ceases, there is no grace period for the employee or for any dependents. Unless the employee has filed an application for change of status or extension prior to the last date of employment, the legal status of the employee and any dependents ends on the last day of employment. If the H-1B employee will be leaving the U.S., travel should take place on or before the last day of employment.



• The H-1B status is linked to employment. Once employment ceases, there is no grace period for the employee or for any dependents. Unless the employee has filed an application for change of status or extension prior to the last date of employment, the legal status of the employee and any dependents ends on the last day of employment. If the H-1B employee will be leaving the U.S., travel should take place on or before the last day of employment.



• The OISS has the obligation to immediately cancel the current H-1B petition filed with the USCIS and to withdraw any extension applications in process. The OISS notifies USCIS of the termination immediately following the last day of employment.



• A pending application for permanent residence may be negatively impacted by the employee’s termination. The OISS can discuss the ramifications of a termination with an employee whose PR application was based on Washington University sponsorship. For an employee who has filed for PR on another basis (other than Washington University sponsorship), the OISS advises the employee to consult with the immigration attorney who assisted in filing the PR application.

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Study in H-1B Status

As an H-1B, you are authorized to take classes at any level and in any field, as long as taking these classes does not interfere with your employment and as long as this employment remains your primary purpose for being in the U.S. Because you are subject to these requirements, some academic programs limit the number of credit hours that you can take each semester.

The courses offered by Washington University’s English Language Programs (ELP) may be of particular interest to international scholars. The program’s curriculum, geared to the advanced language learner, was designed to be practical and challenging, focusing on real-world expectations. Courses are offered both on the Danforth Campus and on the Medical School Campus. Most of the courses presume an advanced level of fluency in English and vary not in terms of proficiency level but rather in terms of their focus on specialized skills or topics. Tuition is that of University College courses. Some departments cover the cost of ELP courses for scholars, but others do not-ask your department about its policy. For more information and to register for a class see http://artsci.wustl.edu/~esl.

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