- Academic department is responsible for maintaining all conditions of the LCA and the petition, including payment of the stated salary for the employment period indicated. Any change (i.e. promotion, termination, change in duties, increase or decrease in salary or work hours) must be brought to the attention of ISSS, and may require the filing of an amended petition – prior to any changes.
- The position must require a minimum of a bachelor’s degree and H-1B must possess at least a bachelor’s degree or its equivalent. H-1B must possess all of the standard qualifications for the position.
- If applicant is abroad, s/he may not enter the US in H-1B status more than 10 days prior to start date listed on Approval Notice from USCIS.If Applicant is currently in the US, s/he may not travel abroad while the H-1B Petition is pending. S/he should contact ISSS immediately for more information if the need for travel arises.
- H-1B status is valid ONLY for the position stated on H-1B petition and for the period requested. H-1B may not accept any other employment in or outside of the University without proper authorization from USCIS. However, H-1B may receive travel and living expenses reimbursement for occasional lectures without filing a new H-1B petition.
- H-1B status is an employment-based status. As such, this status immediately ends on the date of termination of employment. Although the Form I-797 (USCIS approval notice) may indicate a date well into the future, it will become invalid upon termination. Departments must notify the ISSS of employment terminations. Hiring department is bound by law to cover the costs of return trip to home country if Department terminates H-1B’s employment before Approval Notice expires.
- H-1B petition may be for a period of time up to three years unless offer letter and/or funding is of a shorter duration. Hiring department should submit H extension application to ISSS between 3 and 6 months prior to H expiration date.
- H-1B can work for 240 days beyond Approval Notice expiration date provided USCIS receives H petition PRIOR to current expiration date. H-1B may not travel outside the US and reenter during this waiting period. H-1B should contact ISSS for further information if you plan to travel. Premium Processing may be necessary.
- Maximum of 6 years in H-1B (more if Labor Certification / I-140 for Green Card pending more than a year).
- H-1B status has “Dual Intent”, meaning that the H-1B may have a “green card” application pending and still reenter the US in H-1B status.
ISSS does not assist with Permanent Resident Applications. If Department wishes to sponsor someone for a green card, Department must contact Harry Young, Associate Vice—President of Human Resources http://develop.temple.edu/ois/pdfs/TUSponsorship.pdf
