Maintaining Your H-1B Status

Maintaining Your H-1B Status: A Guide for International Faculty and Staff

Welcome to our guide for maintaining your H-1B status while employed at Texas State University. As an H-1B visa holder, it’s essential to stay informed and compliant with U.S. immigration regulations to avoid jeopardizing your status. Below are key guidelines and responsibilities for maintaining your H-1B status.

1. Maintain Employment with Your H-1B Sponsor

Your H-1B status is tied to your petitioning employer (TXST). You must work only in the position specified in your H-1B petition. If your job title, duties, location, or work hours change, contact the International Employment office immediately, as an amended petition may be required.  

While it is possible to work for multiple employers, each one must file their own H-1B on your behalf. Receiving recompense or honoraria from an employer that has not filed an H-1B on behalf of a non-US citizen is not permitted per H-1B regulations. Reimbursement for business expenses is acceptable; please seek guidance from International Employment before engaging in activities.

Key Tips:

• Do not work for any employer other than your petitioning employer, unless authorized.
• Maintain accurate records of your job duties and employment terms.

2. Keep Your Immigration Documents Valid

Ensure that your H-1B status, passport, and I-94 record remain valid at all times.

Passport: Your passport must be valid for at least six months beyond your intended stay in the U.S.

I-94 Record: Please ensure to check your I-94 document for accuracy upon each re-entry into the US. I-94 information serves as evidence of legal entry into the U.S. and shows the H-1B expiration date.

H-1B Approval Notice: Keep a copy of your I-797 approval notice as proof of your H-1B status.

A valid H-1B visa is required to re-enter the US after international travel. However, it is acceptable to remain in the US with an expired visa.

3. Report Address Changes to USCIS

You are required to notify USCIS of any address changes within 10 days of moving. You should also make sure the university has your up-to-date contact information including your local physical address.

To update your address with USCIS:

Complete the AR-11 form online.

4. Extending Your H-1B Status

If your appointment at the University is extended, the hiring department must contact International Employment to request an extension of your H-1B status.  This may be done up to 6 months in advance of expiry. Please note that unless you are at a certain stage in the permanent residency process, your maximum stay in H-1B visa classification is 6 years.  It is permissible to recapture any time you have spent outside the US in these 6 years and add this to your maximum stay. Provided those absences are properly documented.

5. Travel Abroad: Plan Ahead

If you plan to travel internationally, make sure to prepare your documents and understand re-entry requirements:

H-1B Visa: Ensure your H-1B visa is valid for re-entry. If expired, you must renew it at a U.S. consulate or embassy abroad.

Travel Letter: It is recommended to request a travel support letter from your department.

I-797 Approval Notice: Carry the original or a copy when re-entering the U.S. In some instances, the consular or immigration inspectors request to see the original notice.

6. Reach Out for Assistance

International Employment is here to support you. If you have any questions about your H-1B status, employment changes, travel, or other immigration matters, please don’t hesitate to contact us at internationalemploy@txstate.edu.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal immigration advice. For specific legal guidance, please consult with an immigration attorney.