H-1B

Annual Immigration Workshop for H-1B Employees (LSU)

Objective

By the end of the workshop you will understand Your responsibilities as an H-1B temporary

worker How to maintain your status Travel requirements

H-1B Limits

Maximum 6 years in USA H time starts all over after 12 months

abroad3 years or less granted at a timeFull time employment – institutional

policy

Extension of Status

Request at least 4 months before status expiresYou must be physically present in USA at time of

filing You must demonstrate that you have maintained

statusIf petition filed timely, you have 240 days grace

period to continue employment if your status expires while extension petition is pending

Plan international travel wiselyTime spent abroad may be added back to 6 year

totalBy the end of six years you must be in the pipeline

for green card, change of status, or leave the U.S.

Amending H-1B Status

Notify ISO of any changes in employment conditions: Major change in duties Demotion Change in location

Material change will require new LCA and H-1B petition

Filing receipt of amendment applications must be received before new position and new pay takes effect

Porting H-1B Status/ Change of Employer

Change of employer permissible as soon as new H-1B petition properly filed

Filing receipt usually required before new position takes effect

Time in H status ports with youH-1B quota applies if transferring to a

non-exempt employer

 

Maintaining H-1B Status

Maintain valid documents: I-94, I-797, Passport YOUR responsibility to ensure timely request for H-1B status

extension H-1B is employment and employer specific

Report proposed changes in employment Work only with petitioning employer Consultations or work with another employer requires additional

work permit Concurrent H-1B possible.

Reimbursement of expenses for talks is allowed, but not honoraria

Volunteering in a job that is typically paid is not allowed Report change of address on Form AR 11 within 10 days

of change

 Termination of H-1B Status

H-1B status is terminated if: I-94 expires and there is no pending petition to

change or extend status Employment is terminated, even if I-94 is valid

on its face Violation of status may also have an effect of

terminating status No grace period, unless 10 days added on

your I-94

 International Travel

Automatic Visa Revalidation Visa appointments in Mexico: http://www.usvisa-mexico.com/visa-web/Visa appointments in Canada: www.nvars.comISO Web site: http://www.oip.lsu.edu/Consular websites: http://www.usembassy.gov/Visa interviews and Visa Wait Times:http://travel.state.gov/visa/temp/wait/tempvisitors_wait.phpPossible Visa Delays due to:

Security clearance Petition approval can not be verified

Documents Generally Required to Apply for H-Visa

Valid passport valid for at least 6 months beyond the visa application date

Photo taken according to Department of State Specifications Form DS-160 Original form I-797 (H-1B approval notice, also known as

Notice of Action) Visa fee Reciprocity fee (if applicable)

See http://travel.state.gov/visa/frvi/fees/fees_1341.html Original J-1 waiver approval notice (form I-797), if applicable Marriage and birth certificates for spouse and children, if

applicable Copy of Labor Condition Application (LCA) and copy of form I-

129 Employment verification letter

Documents Required to Enter the U.S.

Valid passport valid for at least 6 months from the date of re-entry If you need to renew your passport, contact your embassy or

consulate in the United States (http://embassy.org/embassies/) or the appropriate authority in your home country

Valid visa marked “M” for multiple entries OR at least “1” entry

If a valid visa is contained in an expired passport, have travel with both the valid and expired passport.

Valid Form I-797 (H-1B approval notice). Photocopy or ORIGINAL Return original to ISO along with a copy of your I-94

Employment verification letter

Conclusion

You are responsible for maintaining your immigration status and understanding

international travel requirements

We are here to help

Loveness Schafer578-3012

lschaf2@lsu.edu