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

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Presentation on theme: "H-1B Annual Immigration Workshop for H-1B Employees (LSU)"— Presentation transcript:

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

2 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

3 H-1B Limits Maximum 6 years in USA H time starts all over after 12 months abroad 3 years or less granted at a time Full time employment – institutional policy

4 Extension of Status Request at least 4 months before status expires You must be physically present in USA at time of filing You must demonstrate that you have maintained status If petition filed timely, you have 240 days grace period to continue employment if your status expires while extension petition is pending Plan international travel wisely Time spent abroad may be added back to 6 year total By the end of six years you must be in the pipeline for green card, change of status, or leave the U.S.

5 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

6 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 you H-1B quota applies if transferring to a non- exempt employer

7 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

8 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

9 International Travel Automatic Visa Revalidation Visa appointments in Mexico: Visa appointments in Canada: ISO Web site: Consular websites: Visa interviews and Visa Wait Times: s_wait.php Possible Visa Delays due to:  Security clearance  Petition approval can not be verified

10 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 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

11 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 countryhttp://embassy.org/embassies/ 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

12 Conclusion You are responsible for maintaining your immigration status and understanding international travel requirements We are here to help Loveness Schafer


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