H-1B is an employer- and job-specific immigration status. Therefore, any changes in employment must be reported to International Student and Scholar Services, through the iVols portal system, as soon as possible so our office can determine the appropriate action to take with the US Department of Labor and US Citizenship and Immigration Services.
Extension of Employment
The H-1B extension process is almost identical in paperwork requirements as an initial H-1B application.
A petition must be filed before the current H-1B status ends in order to allow an individual to maintain status and continue to remain on payroll. The earliest an extension can be filed with USCIS is six months prior to the end date of the current H-1B status, but paperwork can begin one to two months before that. If a petition is filed in a timely manner, an individual in H-1B status is authorized to continue to work and be paid for up to 240 days after the expiration of their current H-1B status.
ISSS will notify the hiring department and the employee once the extension petition has been filed with USCIS to verify an individual’s eligibility for continuing work authorization.
Once the extension petition is approved by USCIS, individuals traveling abroad may need to visit a US consulate to get a new H-1B visa stamp before returning to the United States.
Changes in Employment
When filing an H-1B petition, the university attests under penalty of perjury the employee’s position title, salary, job description, and work location(s) to Labor and Immigration. Reporting inaccurate information can result in severe penalties for the employer and/or serious legal problems for the employee.
Changes to report to ISSS include, but are not limited to:
- Job title
- Work location
- Job description, including adding teaching duties
- Decrease in salary
Normal increases in salary are permitted.
Because the H-1B Petition, the Labor Condition Application (LCA), and the supporting documentation must all list the employee’s exact position title, salary, job description and work location, it is VITALLY IMPORTANT that the information provided with the H-1B request be complete and accurate. The Center for Global Engagement will be attesting under penalty of perjury that the information provided is correct. Submitting inaccurate information with either an H-1B petition or an LCA can result in severe penalties for the employer and/or serious legal problems for the employee. Once paperwork has been filed with the US Department of Labor and US Citizenship and Immigration Services, the university will be legally obligated to pay the stated salary.
Departure of Employee
US law requires the university to notify the US Department of Labor and USCIS of an early departure.
Hiring departments should notify ISSS of the date of employment termination. If ISSS is not notified, the hiring department may be responsible for paying the continued salary of the employee, even if the person is no longer working. In addition, if UT has ended the employee’s employment before the end of the H-1B approval period, the hiring department must offer to pay the cost of the employee’s return to the home country.
As soon as employment is terminated (or before), the employee must leave the U.S., apply for a change of status, or apply for permission to work in another position. Otherwise, legal H-1B status ends upon termination even if H-1B status has been granted to a later date. There is no grace period for an H-1B employee.