Maintaining H-1B Compliance

H-1B duration
H-1B extensions
Changes to H-1B employment
Receiving outside payments
Travel abroad and reentry to the U.S.
Reporting new home addresses to USCIS
Dual intent

H-1B duration

An initial period of up to three years of H-1B status can be granted by U.S. Citizenship and Immigration Services (USCIS) through a UH-filed petition. Subsequent H-1B extensions can be requested thereafter. Generally, an individual may not spend more than six years in H-1B status in the U.S., but UH can file H-1B extensions for periods beyond six years if at least 365 days have passed since a permanent labor certification application or a Form I-140 petition was filed on the employee’s behalf or if the employee has a Form I-140 petition approval, but cannot file a Form I-485 adjustment of status application because the priority date is not yet current.

An employee who reaches the end of the six-year maximum in H-1B status and is not eligible for further extensions must depart the U.S. by the last day of H-1B authorization or Form I-94 admit until date if there is no legal way to remain in the U.S. In order to begin a new six-year H-1B period, the individual must remain outside the U.S. for at least 12 months.

Period of authorized stay

It is extremely important to be aware of the period of authorized stay on the H-1B employee’s Form I-94 record. If the Form I-94 admit until date occurs before the employee resigns or the H-1B authorization expires and UH has not filed an H-1B extension petition with USCIS, the employee’s legal status will end on the Form I-94 date. As a result, the person must leave the U.S. on or before this date to avoid accruing unlawful presence.

Departments and HR specialists must notify an Immigration Specialist before an employee ends H-1B employment at UH.

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H-1B extensions

The UH sponsoring unit must submit an H-1B extension request packet to FSIS no later than two months prior to the requested H-1B start date, which must be back-to-back with the current H-1B expiration date. The current H-1B end date will be stated on the employee’s H-1B approval notice or Form I-94, as applicable. Submission of a late request may delay an H-1B employee’s employment continuation date or even result in the loss of legal immigration status in the U.S.

Follow these procedures to extend H-1B authorization:

1. The department prepares the H-1B request and submits the request to the college/school HR specialist. Please note:

  • UH can request up to three years on H-1B extension petitions.
  • UH can submit a petition to USCIS up to six months prior to the H-1B extension start date.
  • Consult with FSIS if the employee is planning to travel abroad while an H-1B petition is pending.
  • The department needs to ask the H-1B beneficiary about any family members who may require an H-4 change of status or extension. If so, submit a Request to Include I-539 for Dependents with the H-1B request packet.

2. FSIS receives the request from the HR Specialist and starts processing the petition as long as the requirements are met.

3. FSIS emails the request for H-1B petition filing fee check(s) and FedEx account information to the HR specialist.

The college/school/department (as appropriate) follows the email instructions to request the filing fee check(s) from UH Disbursing. UH Disbursing will notify FSIS when the check(s) is ready for pick up. The unit must provide their FedEx account number to charge for the mailing.

4. FSIS mails the petition with the filing fees to USCIS.

5. USCIS reviews the petition and renders a decision. If approved, USCIS will issue a Form I-797A or I-797B approval notice.

  • If Form I-797A: Employment can continue uninterrupted.
  • If Form I-797B: The employee must follow the H-1B entry procedures to “activate” the authorization.

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Changes to H-1B employment

H-1B work authorization is specific to the employer that filed the labor condition application (LCA) and petition and covers only the particular position for which the LCA and petition were filed. This means another employer cannot hire an H-1B employee using a UH-filed petition approval. It also means UH must report substantial changes to an H-1B employee’s job before the changes become effective.

Some of the most common changes UH must report include:

  • Appointment to a position with a new title (e.g., Junior Researcher to Assistant Researcher);
  • Moving to or adding a new work site; or
  • Significant changes to duties, such as taking on teaching.

If it is unclear whether a petition is required to report the changes to employment, contact an Immigration Specialist to discuss the issues before submitting a new H-1B request. However, if it is clear that the new employment terms must be reported to USCIS, the UH sponsoring unit must submit an H-1B request packet to FSIS no later than two months prior to the effective date of the change(s). Follow these procedures before making substantial changes to H-1B employment:

1. The department prepares the H-1B request and submits the request to the college/school HR specialist. Please note:

  • Changes to employment may take place once USCIS receives and accepts the petition.
  • When reporting a change to employment, UH may request an extension of up to three years.
  • UH can submit a petition to USCIS up to six months prior to the H-1B extension end date.
  • Consult with FSIS if the employee is planning to travel abroad while an H-1B petition is pending.
  • Ask the H-1B employee about family members who may require an H-4 change of status or extension. If so, submit a Request to Include I-539 for Dependents with the H-1B request packet.

2. FSIS receives the request from the HR Specialist and starts processing the petition as long as the requirements are met.

3. FSIS emails the request for H-1B petition filing fee check(s) and FedEx account information to the HR specialist.

The college/school/department (as appropriate) follows the email instructions to request the filing fee check(s) from UH Disbursing. UH Disbursing will notify FSIS when the check(s) is ready for pick up. The unit must provide their FedEx account number to charge for the mailing.

4. FSIS mails the petition with the filing fees to USCIS.

5. USCIS reviews the petition and renders a decision. If approved, USCIS will issue a Form I-797A or I-797B approval notice.

  • If Form I-797A: Employment can continue uninterrupted
  • If Form I-797B: The employee must follow the H-1B entry procedures to “activate” the authorization.

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Receiving outside payments

H-1B employees can be reimbursement for travel expenses associated with occasional speeches, lecturers, conferences, or consultations at other institutions if these activities are incidental to the H-1B employment. H-1B employees may not be paid an honorarium, wage, or salary, and may not derive a monetary or other material gain from these activities.

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Travel abroad and reentry to the U.S.

If an H-1B employee is planning to travel abroad, UH departments must issue an employment confirmation letter to facilitate reentry to the U.S. To return to the U.S., the employee must follow all H-1B entry procedures and send copies of the reentry documents to an Immigration Specialist. If any H-4 dependents travel to other countries, they need to follow the H-4 entry procedures.

If an employee or dependent is only planning to visit Canada or Mexico for less than 30 days, automatic visa revalidation may be an option for reentry to the U.S.

Traveling abroad while an H-1B petition is pending with USCIS

The H-1B employee must be physically present in the U.S. at the time a petition is filed. After filing, H-1B employees should not travel abroad while the petition is pending. If an employee needs to travel abroad around the time H-1B authorization will expire or be amended, the department needs to consult with an Immigration Specialist so we can advise on the filing options.

If international travel plans arise at the last minute and the employee cannot avoid traveling while the petition is pending with USCIS, please note the following:

Petition typeInternational travel
Change of H-1B employerIf still employed by a prior employer, the employee may reenter using that employer’s approval notice and other documents. If prior employment has ended, they must wait for UH’s petition to be approved and then reenter with UH approval notice and other documents  — see the H-1B entry process for more details.
H-1B amendmentIf the petition is still pending on the reentry date, the employee may reenter with a prior unexpired UH approval notice and other documents. If the petition has been approved, they must reenter with the amendment approval notice and other documents to begin amended employment — see the H-1B entry process for more details.
H-1B change of statusIf the employee travels abroad while the petition is still pending, the change of status will be abandoned. If the employee reenters in prior immigration status, they must depart the U.S., wait for the petition to be approved, and then go through the H-1B entry process to begin H-1B employment. If the petition has been approved, they must use the petition approval and other documents to begin H-1B employment — see the H-1B entry process for more details.
H-1B extensionIf the petition is still pending on reentry date, the employee may reenter with a prior unexpired UH approval notice and other documents. If documents have expired or if the petition has been approved, they must reenter with the extension approval notice (if received) and other documents to continue employment — see the H-1B entry process for more details.

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Reporting new home addresses to USCIS

H-1B employees and their H-4 dependents are required to report all changes of residential address to USCIS within 10 days of moving. The easiest way to report any changes is through USCIS‘s online change of address form. If an individual has an application is pending at a USCIS Service Center, they need to also contact the USCIS National Customer Service Center (toll-free number: 1-800-375-5283) to report the change.

Please also email the new address to an Immigration Specialist so we can update our records.

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Dual intent

H-1B employees have dual intent when applying for a visa or admission into the U.S. Unlike other nonimmigrant classifications (e.g., F-1, J-1), the filing of an immigrant petition or permanent labor certification application on the person’s behalf should not serve as the sole reason for a denial of an H-1B visa issuance or entry to the U.S.

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