Visa Categories

Your H-1B status is limited to the specific job, employer, and work location described in your H-1B petition. Notify OIS in advance of any proposed changes in the terms and conditions of your employment to determine how to maintain compliance. 

Changes in employment that may impact your H-1B status include:

• Changes in job title, job responsibilities, hours, or salary (including promotions or significant raises)
• Changes in departments or supervisors
• Changes in work site locations, including work-from-home arrangements (If you participate in a work-from-home arrangement and move to a new apartment or residence, please notify OIS and update your address with USCIS.)
• Adding a role or position outside of your approved job, such as moonlighting or other part-time work

If you plan to enroll in a course of study while on H-1B employment, please contact OIS to confirm the program will not impact your status.

Always inspect any new immigration or employment documents you receive to ensure they are accurate. If you notice errors or discrepancies in documents that pertain to your work authorization or immigration status, please contact OIS immediately. The following documents should be maintained and kept in a safe place:

• Passport with at least six months of validity remaining
• I-797 approval notices
• I-94 arrival record
• Job offer letter
• Any licenses or certifications required for your job

If your passport is expiring, please contact your country’s embassy for renewal. Passport renewal can be completed in the U.S. Please refer to the passport renewal process timelines and guidance provided by your country’s embassy. We also recommend checking your I-94 arrival record for accuracy every time you enter the U.S. Your I-94 governs your period of lawful stay in the United States, and the expiration date on your most recent I-94 should match the expiration date on your H-1B approval. If your passport expires before the end of your H-1B eligibility, Customs and Border Protection will limit your period of authorized stay to the dates of your passport.

Please notify OIS of your international travel plans. In order to return to the U.S. after traveling abroad, you will need a valid H-1B visa stamp in your passport (unless you are visa stamp exempt). If you do not have one, you will have to apply for an H-1B visa at a U.S. Consulate abroad. There can be wait times for visa appointments; before you depart the U.S., visit the website of the consulate you will use to learn about application procedures and processing times.

Carefully check your I-94 arrival/departure record every time you enter the United States; be sure to send a copy to OIS and save a copy in your records. Your I-94 defines your period of lawful stay in the United States. If the end date on your I-94 is different from the end date on your I-797 approval notice, the date on the I-94 prevails. 

Documents you will be required to present at the U.S. point of entry include:

• Passport valid for at least six months beyond your period of authorized stay in the U.S. If your passport expires before the end date on your I-797 approval notice, Customs and Border Protection will limit your I-94 to the expiration date for your passport.
• Valid H-1B visa stamp
• Valid original I-797 notice of approval of H-1B employment
• Copies of your three most recent pay stubs (recommended)
• Employment verification letter (recommended)

H-1B status is approved in increments of up to three years at a time, for a maximum of six years. 

When certain criteria are met, it can be possible to extend H-1B status beyond the six-year limit. This can happen in specific cases where an employee had applied for permanent residence, or when an employee has spent significant time outside the U.S. during their H-1B employment, and that time is eligible for recapture.

OIS will contact H-1B employees and their departments 190 days before the expiration of the H-1B approval.  If you are eligible for an extension, your department can initiate the sponsorship request at this time.

Preparation and submission of an extension petition takes up to 120 days. If the extension petition is filed before the end date on your current H-1B, you may continue working for up to 240 days following the expiration date, while the petition is pending with USCIS. This eliminates the need for premium processing. If your current H-1B is expired, you cannot travel internationally while an extension petition is pending with USCIS.

Employees with H-4 dependents will also have to file Form I-539/I-539A and pay the accompanying USCIS fee to request an extension for their dependents.

H-1B employees who wish to remain at Jefferson beyond their H-1B eligibility should speak with their supervisors and OIS on or before the midpoint of their six-year H-1B eligibility. It is important to understand the timelines and requirements for an employment-based change of status (such as O-1 or permanent residence). Applying for employment-based permanent residence is a multi-step process that can take two or more years to complete.

Your H-1B status is tied to the specific job, work location, and employer listed in your petition. Performing work outside of what has been approved is considered a violation of status, unless appropriate immigration steps have been taken.

Contact OIS in advance of any proposed changes in your employment, including a promotion or demotion; a change in hours, salary, job responsibilities or work location; or a change in supervisor or hiring department. Material changes in the terms and conditions of employment may require Jefferson to file an H-1B amendment. The amended petition must be filed before you can accept a material change in the terms or conditions of your current employment.

OIS works with outside counsel to prepare and submit H-1B amendments; the normal preparation and submission time is 120 days. H-1B employees are eligible to move into their new role once USCIS confirms receipt of the amendment petition, prior to issuing an approval notice.