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Maintaining H-1B Status

 

Maintaining Employment

A person in H-1B status must normally be continuously employed, with salary. The employment must begin no later than 30 days after entering the US or 60 days after a change of status is approved. If employment ends, the H-1B status also ends. In most cases, leave without pay is not permitted. In some cases, such leave may be requested by the employee, such as leave under the Family Medical Leave Act. Discuss your situation with ISSS advisors if you think leave without pay will be necessary.

CGE should be consulted prior to any changes in H-1B employment, such as job title, job duties, salary, percentage of time, or location. An individual’s H-1B status is dependent upon employment according to the exact terms stated in the H-1B petition. An amended H-1B petition may be required under certain circumstances. Note: Increases (but not decreases) in salary are permitted without a new petition, as long as there is no change in the actual position title or duties.

 

Talks & Presentations

Scholars may not accept compensation, including honoraria, from an entity other than the University of Tennessee. Individuals in H-1B status invited to give a lecture, collaborate, conduct research, or present at other institutions may receive reimbursement for reasonable travel expenses only.

 

Address Updates

All nonimmigrant visa holders are required to notify USCIS within 10 days of a change of residential address.

H-1B visa holders may report a change of address by completing Form AR-11 or Form AR-11SR or by reporting the address change online. Please follow the instructions on the USCIS change of address section of the USCIS website.