Transcript Slides of H-1B Workshop

Annual Immigration
Workshop for H-1B
Employees (LSU)
H-1B
Objective
 By the end of the workshop you will
understand
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Your responsibilities as an H-1B temporary worker
How to maintain your status
Travel requirements
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
Extension of Status
 Request at least 4 months before status expires
 You must be physically present in USA at time of
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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.
Amending H-1B Status
 Notify ISO of any changes in employment
conditions:
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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
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 nonexempt employer
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
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
International Travel
 Automatic Visa Revalidation
 Visa appointments in Mexico:
http://www.usvisa-mexico.com/visa-web/
 Visa appointments in Canada: www.nvars.com
 ISO Web site: http://www.oip.lsu.edu/
 Consular websites: http://www.usembassy.gov/
 Visa interviews and Visa Wait Times:
http://travel.state.gov/visa/temp/wait/tempvisitor
s_wait.php
 Possible Visa Delays due to:
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Security clearance
Petition approval can not be verified
Documents Generally Required to Apply
for H-Visa
 Valid passport
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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 http://travel.state.gov/visa/frvi/fees/fees_1341.html
 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 I129
 Employment verification letter
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 country
 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).
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Photocopy or ORIGINAL
Return original to ISO along with a copy of your I-94
 Employment verification letter
Conclusion
You are responsible for maintaining your
immigration status and understanding
international travel requirements
We are here to help
Loveness Schafer
578-3012
[email protected]