H-B1 Visa Holders
H-1B Visa Holders are responsible for understanding and complying with U.S federal laws and regulations governing H-1B status. Failure to do so could result in the violation and loss of your immigration status. Please contact us if you have questions.
Change of Address
U.S. Citizenship and Immigration Services (USCIS) requires that you report an address change within 10 days of the move. To report an address change you must:
- Submit Form AR-11 to USCIS. AR-11, Change of Address Form
- Email our office, and the office of Human Resources with your full name, date of birth, and new address
Employment
Work only for the employer and in the position for which your H-1B status was granted.
Your H-1B is both employer and employment [i.e. job/position] specific, which means that you may only work for the employer listed on your I-797 approval notice in the position described in the H-1B petition. It is extremely important to report any proposed changes in your employment conditions to our office well in advance of the proposed change (e.g. change in title, hours, benefits, duties). Changes may require an amendment to your petition. If you change employers, the new employer must file a new H-1B petition before you begin your new employment.
Honoraria and consultation fees paid by an employer other than the NEOMED entity that sponsored the H-1B petition constitute illegal employment under USCIS regulations. For preservation of legal H-1B status, H-1B workers should not accept any offer of honoraria or consultation fees.
Traveling Outside the U.S.
When you travel outside of the U.S., you should take the following with you:
- A copy of the H-1B petition
- The original I-797 approval notice (please request this from our office prior to traveling abroad)
- Your valid passport
- Proof that you are maintaining H-1B status (3 recent paystubs).
- You can also request a “Travel Letter” from our office. This is not required, it is a courtesy that our office provides.
You are required to have a valid H-1B visa in your passport to return to the U.S. from all countries except for brief trips (less than 30 days) to Canada & Mexico (see below). Before applying for the H-1B visa at a U.S. Consulate/Embassy abroad, please review the U.S. Consulate/Embassy where you will apply for the visa to see if they require documents in addition to those listed above.
Travel to Canada & Mexico
You are permitted to travel to Canada and Mexico for less than 30 days without a H1B visa in your passport (you still need to take the other documents mentioned above). For detailed information about automatic visa revalidation, please refer to the information provided on Department of State’s website.
Returning to the U.S. from travel abroad
- If you have an electronic I-94, retrieve and print your I-94. To access your record you will need your passport.
- Verify that the following information on the I-94 printout is correct.
- Your name should appear as it is stated in your passport
- The appropriate visa classification (H-1B or H-4)
- The end date on the I-94 should match the H-1B approval notice (Form I-797) or be extended for 10 additional days beyond the end date of the H-1B approval notice
- If your I-94 is shortened due to your passport expiring prior to the I-797, your status will end on the date marked on the I-94 record rather than the H-1B approval notice.
Termination or Resignation
If your employment at NEOMED is ending, please consult with our office to discuss your H-1B status. When your employment ends, your H-1B status ends. There is no “grace period” for H-1B status **, so it is important that you take steps to secure an alternate status or depart the U.S. in a timely manner.
** USCIS published a Final Rule for certain employment-based immigrant and nonimmigrant visa programs on November 18, 2016. The new rule went into effect on January 17, 2017. The rule includes some provisions for USCIS to grant a discretionary 60-day grace period for H-1B workers where certain conditions are met. As this grace period is not guaranteed or available to all H-1B workers whose employment ends, applying for an alternate status prior to the end of employment is still strongly recommended. Please consult the Office of Global Engagement if you anticipate your H-1B employment will be ending.
Contact
Victor M. Torres, M.A.
Phone: 330.325.6184
Email: vtorres@neomed.edu
Office of Global Engagment
Northeast Ohio Medical University