Can I apply for a “green card” and still reenter the US in H-1B status?

YES. H-1B category permits “dual intent,” which allows you to continue in H status even if you have begun applying for permanent residency in the U.S. You do not need to prove that you intend to return to your home country.

Can I extend my H-1B status a 7th year if I have filed for a green card?

YES. OIS will file H-1B extensions in 1-year increments beyond the 6-year limit until a green card is either denied or approved for individuals who meet the following criteria:

At least 365 days have passed since the filing of a labor certification (Form ETA 750) or
365 days or more have passed since the filing of an EB immigrant petition (I-140); or
Individuals from oversubscribed countries whose I-140s have been approved but who cannot adjust their status solely because their priority dates are not current

I plan to travel outside the US. Do I need to bring anything with me?

YES. Bring the following items with you:

Copy of the H-1B petition submitted by Temple University on your behalf
Valid passport (unless you are from a passport-exempt country)
Employment verification letter from Human Resources or your department
Copies of your pay stubs from the last three (3) months
Lower portion of the original approval notice (Form I-979A)
Valid H-1B1 visa (unless you are from a visa-exempt country)
If you need to apply for an H visa, bring anything that the US Consulate lists on their website
Copy of the top portion of your current Approval Notice – however, if the US Consulate requires the upper portion as well, set up an appointment with OIS by calling 215-204-7708

My visa expired -do I need to apply for a visa to reenter the US?

YES. You must schedule an appointment with a United States Embassy to apply for a new H-1 visa. Contact the US Embassy or Consulate closest to your foreign permanent residence for more info: http://travel.state.gov/travel/tips/embassies/embassies_1214.html

I used to work for a different employer. Do I need to get a new visa even if the one in my passport is still valid?

NO. If you have changed employers since first entering the US and you have a valid visa annotated for the previous employer, you can reenter the U.S. using that visa, provided you present a valid H-1B Approval Notice for Temple upon reentry to the United States.

Can I renew my H-1B visa in the U.S.?

NO. Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

Do I need to return to my home country to apply for a visa?

No. You can apply at most US Consulates throughout the world, including Mexico and Canada. Find out more online at http://usembassy.state.gov/

Can I have a pending I-485 application and still reenter the US as an H-1B?

MOST LIKELY. You can reenter the US either with advance parole or as an H-1B. You may re-enter in H status even after obtaining an EAD, provided that the EAD was not used to leave Temple to engage in employment for a separate employer. If you were paroled into the U.S., you may apply for an extension of H-1B if you currently hold H-1B status. If USCIS grants the H extension, the grant of parole is terminated and you remain in H status. To reenter the U.S. in H status without abandoning the I-485 petition, you must present at the port-of-entry evidence of H status as well as a receipt notice for the I-485. The same documentation must be shown to a consular official if applying for a new H visa while the I-485 petition is pending. Please discuss both options with your attorney before reentering the US.

May I travel abroad while an extension of stay is pending and my current Approval Notice is still valid?

YES, BUT NOT RECOMMENDED. Although it is permissible to travel while a petition is pending, you will still need a valid H-1B visa and a valid Form I-797 to reenter the U.S. If the extension of stay is not approved by the time you need to reenter the U.S., you may use your prior approval notice, but only if the Approval Notice and visa are still valid. You may not reenter the US until you are granted a new Approval Notice. Most likely you will then need to apply for a new visa as well. In this circumstance, you should NOT enter the country as a tourist. Please schedule an appointment with an OIS advisor to discuss your options as soon as you know or suspect you may be traveling.

Do I need a visa from the Mexican or Canadian government if I plan to visit Mexico or Canada?

MAYBE. Please visit http://www.consulmexny.org/eng/english.html or www.international.gc.ca/can-am/new_york/visas/default-en.asp to determine if you need a visa.

Can I apply for an H-1B visa at a US Embassy in Mexico or Canada?

MOST LIKELY. You must schedule an appointment for an interview.

Visit the Department of State’s website at http://travel.state.gov/visa/temp/without/without_1260.html#TCN and http://travel.state.gov/visa/temp/without/without_1260.html#mexico

Individuals who have ever been out of status in the U.S. because they overstayed their authorized period of stay are not eligible to apply at a border post. You must apply for a visa in the country of your nationality. If you are not certain about your status, please schedule an appointment with an immigration advisor in our office.

May I travel abroad while I have an application for a change of status to H-1B pending?

NO. USCIS would consider you to have abandoned your application. In this event, an H-1B petition may be approved, but you must apply for an H-1B visa at a U.S. consulate abroad to enter the U.S. in H-1B status.

May I travel abroad while an extension is pending and my current Approval Notice has expired?

NO. Travel during the 240-day automatic extension of work authorization is not allowed. If you must travel abroad, you will need to request Premium Processing to expedite the H-1B1 Extension or else stay abroad while awaiting the approval, apply for a new visa and then be readmitted to the U.S. in H-1B status.

If I travel to Mexico or Canada for a quick visit do I need a valid U.S. visa to reenter in H status?

Depends. Automatic Visa Revalidation allows you to re-enter the U.S. after a visit to Canada or Mexico lasting 30 days or fewer with an unexpired passport, valid Approval Notice and valid I-94 even though you don’t have a valid H visa, as long as you have not violated your status and have never been denied a non-immigrant visa while in Canada or Mexico. If you have changed your status in the US (such as from F-1 to H-1), you should be readmitted in H status as if you had a visa in the proper category. Do not allow the airline (or anyone else) to remove your Form I-94 (Departure Record) when you depart from the U.S. as you will need to present it upon reentry. Certain exceptions apply – visit http://www.temple.edu/ois/home/h1b1j1/info_h1b1.htm and http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

Do I need an H-1B visa if I’ve received an extension of H status beyond 6 years and I travel abroad?

YES. H-1Bs who have received extensions of H-1B status beyond 6 years under AC21 are required to have a valid H-1B visa for entry to the United States after travel abroad.

I need to travel briefly outside the US. Can my H4 dependents stay here while I’m gone?

YES. H4 dependents may remain in the U.S. in H-4 status temporarily. However, if you will spend a lengthy time abroad, your H-4 dependents should also leave the US.

Must I stop working if my Approval Notice expires?

MAYBE. If OIS has filed an extension petition with USCIS in a timely manner, you can continue working for 240 days beyond expiration of the current Approval Notice. You may not travel outside the US and reenter during this waiting period. Please contact our office for further information if you plan to travel.

Can I extend my H-1 status at any time before my Approval Notice expires?

NO. The hiring department should submit an H extension application to OIS no more than 6 months and no later than 2 months prior to your current expiration date. Please inform our office of any possible travel plans that you may have while an extension is pending. Premium Processing may be necessary.

Can my H4 Dependent spouse work?

NO. Under no circumstances can someone in H4 status engage in any employment. Your spouse can, however, attend school part time or full time. If s/he wishes to work, your spouse will need to obtain a new immigration status that allows employment.

I used to have an H-1 with another company but I’ve been offered employment by Temple. Can I start working here once OIS files my transfer petition?

YES. You may begin working at Temple under the auspices of portability once our office has received a Receipt Notice from USCIS confirming that a petition to transfer your status has been received by the USCIS.

I have been asked to teach a class at Temple. Is this OK?

NO. You may not teach a class, even at Temple, unless our office included teaching in your job description in the H-1B1 petition. If Temple wants to employ you as “Adjunct Faculty,” the hiring department must submit an application for Concurrent Employment. You may begin the Adjunct Faculty employment only after UPS confirms delivery to USCIS. Contact OIS for more details.

I’ve been offered a new position at Temple, but my current H-1B Approval Notice hasn’t expired. Do I need to contact OIS?

MAYBE. When there is a change in your title, duties or terms and conditions of employment, the new hiring department must provide our office with information about the new position. OIS may need to file an amendment petition with USCIS prior to you starting the new job.

I have been asked to teach a class at a university other than Temple. Is this possible with my current Approval Notice?

NO. You may receive travel and living expenses reimbursement for occasional lectures, but not an honorarium, wages or a salary. If you wish to establish a relationship with the outside employer, they must file an H-1B Concurrent Employment petition on your behalf.

Can I pursue a new degree while in H-1B status?

YES. Your studies must be incidental to your employment and may not interfere with your assigned responsibilities.

Is H-1B employment excluded from Social Security coverage?

NO. H employment is subject to Social Security tax. Income tax is paid on income derived from employment in H status, unless tax exemption is specifically provided by treaty or convention. For additional information on this matter, please contact the Office of Payroll Management (215-204-3116) to speak with a Nonresident Alien Tax specialist.

I’m going to stop working at Temple next month. I have 30 days to leave the US after that, right?

NO. There is no official “grace period” for H-1s after your Approval Notice expires or after employment terminates. If the CBP Officer does not add 10 days to your I-94 at the time of entry, the 10-day “grace period” does not exist. If the 10 days are added you can stay in the US during that period, but you may not work.

I’m being laid off. As long as my Approval Notice hasn’t expired, I can stay in the US until I find a new job, right?

NO. USCIS holds that when the H-1B employment relationship is terminated (either by the employee or by the employer), the H-1B falls “out of status” and can be removed from the US. If you find a new sponsoring employer within a month USCIS has the authority to reinstate your H-1B status on a discretionary basis and approve a petition to extend your stay. However, this is completely at the discretion of the USCIS adjudicator and is decided only on a case-by-case basis. Please note that your hiring department is bound by law to cover the costs of your return trip to your home country if you are terminated by the department before your Approval Notice expires. This is a complex situation – please schedule an appointment with an OIS advisor to discuss your options as soon as you know or suspect you may be terminated.