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Maintaining H-1B Status

Lecturer at white board

There are some important steps to maintain H-1B status.

  • Valid passport – make sure your passport is valid for at least 6 months.
  • I-94 – this contains information about your status in the US (should be H-1B) and how long you are eligible to be in the US in that status.  Make sure you review your I-94 every time you enter the US.  If the information on your I-94 is incorrect then please contact a Center for Global Engagement (CGE) advisor.

Check your I-94

  • Work changes – your H-1B petition is employer, job and location specific.  If any change occurs (including telecommuting or remote work) then ask your department to contact CGE in advance as a new H-1B petition may be required.  Additional employment requires a new, concurrent H-1B petition to be filed by the second employer.
  • Honoraria – H-1B regulations do not allow employees to accept an honorarium from any source.
  • H-1B extension – make sure to work with your department to request an H-1B extension at least 6 months before your current H-1B ends (if eligible).
  • Leaving your job – contact CGE if you leave your job before your H-1B period ends.  Your H-1B status is directly linked to your job and automatically ends upon termination of your employment.

Other important information

It is important to file your tax returns with the IRS related to any tax year that you have employment in the US.  The tax return is due even if you have already left the US.  CGE staff are unable to provide formal advice on tax matters.  If you have questions about taxes then please contact a tax professional.