February 7

How To Maintain H-1B Status And Compliance In 2022

Maintaining H-1B status and staying in compliance is critical for job continuation. Here are the six aspects of H-1B maintenance.

1. Valid Immigration Documents

  • Keep your passport valid for at least six months into the future.
  • Make sure your H-1B status expiration date is always in the future by checking your I-94 admissions record or I-797 approval notice.

Tip: If you take a trip overseas, be sure to check your I-94 record upon return. H-1B expiration dates are liable to change depending on how immigration processes your return to the U.S.

2. Change of U.S. Address

  • Report U.S. residential address changes to the U.S. Citizenship and Immigration Service (USCIS) within ten daysDownload Form AR-11 (file online or through paper format).
  • Promptly update your address and contact information with your employer.

3. Notify USCIS of any Employment Changes

Employment in the originally authorized H-1B position determines status and is specific to your job title, duties and responsibilities. Report any material employment changes to ensure H-1B compliance 

Examples of material changes include changes to:

  • Job title 
  • Primary job duties 
  • Work location 
  • Full-time/part-time status 
  • Promotions 
  • Transfers 
  • Other similar changes

Standard salary increase in the same job does not qualify as a material change.

Note: The employer may need to file a petition with USCIS to amend or update H-1B employment authorization before the proposed changes take place.

4. Outside Employment is Strictly Prohibited

  • H-1B workers can only work for the sponsoring employer in the initially authorized jobs and positions.
  • H-1B workers can change employers only after the new employer submits a new H-1B petition requesting employment authorization.

5. Travel on H-1B

  • Travel with your H-1B visa and I-797 approval notice from your employer.
  • Check your I-94 admissions record (print your I-94) every time you return to ensure correct processing and that your "admit until" date is set in the future.
  • Contact your employer if you plan to travel while your H-1B extension is processing.

6. H-1B Extension & Expiration 

  • Ask your employer to submit an H-1B Extension Request at least six months before your H-1B authorization expires; or
  • Plan to leave by the expiration of your H-1B status.
  • Refer to your I-797 Approval Notice and I-94 departure record for the H-1B expiration date.

About the author: Jon Velie has practiced Immigration law since 1993. He is CEO of OnlineVisas

Jon is an Amazon number one best-selling author of H-1B Visa: Application & Approval, is regularly covered by major media and has won a number of international awards. Jon was also pivotal in the Cherokee Freedmen Supreme Court case.


You may also like

EB-1 and EB-2 Green Cards Unavailable until Oct. 1st

EB-1 and EB-2 Green Cards Unavailable until Oct. 1st

Sign Up For Weekly Immigration Articles

Whether you are an individual, family, investor, or company, we are ready to help make your immigration dreams come true... right now!