Maintaining H-1B Status

It is your responsibility to understand and comply with the terms of your visa during your stay in the U.S. A violation of the immigration regulations could have serious consequences. Review this information carefully, and contact ISO if you have questions.

Persons in H-1B status must notify U.S. Citizenship and Immigration Services of all residential address changes using form AR-11.

This document allows you to apply for a visa, enter or re-enter the U.S., and establishes your legal eligibility to remain in the United States. Request a new form up to six months prior to the current form's expiration date. To request an extension, contact your sponsoring academic department. Keep every I-797 Approval Notice for your permanent record.

Your passport must be valid at all times. Keep it and other important documents (e.g. I-797 Approval Notice) in a safe place. Report a lost or stolen passport to the police, as your government may require a police report before issuing a new passport. To renew or replace your passport, contact your country's consulate in the U.S. While in the United States, always carry with you a photocopy of your passport's identity page, and a photocopy of your I-797 Approval Notice. When traveling, carry the original documents but guard them carefully against theft.

Your H-1B status is both employer and job-specific. Your UW-sponsored H-1B does not allow you to work for any other employer. If you change employers, the new employer must file a new H-1B petition before you begin your new position. If your UW job duties or responsibilities change, including any change in job title, the University must file an H-1B petition with USCIS before the change becomes effective.

Your H-1B status is also location-specific. You may work only at the worksite addresses listed in part G of the Labor Condition Application. Any change in worksite addresses must be authorized in advance-contact ISO for more information.

You may have occasion to give lectures at other institutions or conferences. You cannot receive an honorarium or other monetary or material gain for such activities, although reimbursement for travel and reasonable expenses is allowed.

Your employment at the UW must remain full-time while you are under UW visa sponsorship. The UW does not provide H-1B visa sponsorship for part-time positions.

An H-1B generally maintains lawful visa status in the U.S. only when maintaining paid employment. Before requesting an unpaid leave, contact ISO.

In general, the University of Washington will only grant H-1B employees unpaid leave for situations required by law, such as Family Medical Leave Act and state Family Care Act (“covered leaves").  Any leave granted in one of these situations must be thoroughly documented in advance.

The University of Washington will not allow employees to remain in UW-sponsored H-1B status while on a personal, unpaid non-covered leave.

Because the H-1B is an “employment visa,” your lawful status in the U.S. ends when your paid employment ends. If your paid employment ends before your I-797 Approval Notice expires, you must depart the U.S. immediately upon termination of employment. There is no grace period following a termination. If your paid employment and the I-797 end at the same time, check the expiration date on your I-94 card as it may indicate an additional ten-day “grace period” for departure.

A petition to extend H-1B status may be filed with USCIS as early as six months before the current stay expires. Contact your employing department to begin the extension process. If the petition is filed with USCIS in a timely manner, you may continue on payroll even though USCIS may not adjudicate the petition until after your current period of stay expires. Upon approval of the petition, you will receive a new I-797 Approval Notice.

Note that a new H-1B visa (the stamp in the passport) can be obtained only by applying at a U.S. consulate or embassy outside of the U.S. You may remain in the U.S. even though the visa in the passport has expired—a valid visa is required only when re-entering the U.S. from abroad.

Immigration law establishes a six-year cap on the number of consecutive years a foreign national may hold H-1B status. Initial admission as an H-1B can be up to three years; extensions of stay are granted in up to three-year increments. Note that UW may impose term limits that are less than six years for certain job titles. Periods of time in H-1B status with other employers count toward the six-year limitation. Extensions beyond six years are possible in limited circumstances involving delays in the processing of applications for permanent residence.

You are required to file a yearly tax return with the Internal Revenue Service (IRS). Contact IRS for more information.

A "portability" provision in the H-1B regulations allows an applicant who is already in H1B status to begin working for a new employer as soon as that employer receives from USCIS the I-797 Receipt Notice for the new petition. If you are moving to UW and wish to take advantage of H-1B portability, do not leave your current paid position until we notify you that the UW’s petition has been received by USCIS. For more information about portability, contact ISO.

International scholars and their dependents may be surprised to learn that federal law requires that they carry "registration" documentation at all times. These include a basic identity document such as a passport, plus your current I-797 approval notice and I-94 card.

For day-to-day purposes, we suggest that these documents be kept in a secure location such as a bank safe deposit box. However, if you are traveling within the United States you should carry these documents with you. If you are traveling by air, train, bus or ship, you may be required to produce these documents before boarding. Keep photocopies of all your documents in a separate location, in the event your documents are lost or stolen.