The H-1B category is for persons who are coming to the U.S. to be temporary workers in a specialty occupation. To be considered eligible for H-1B, the position must require at least a Bachelor\u2019s degree. Employment approval is granted through the U.S. Citizenship and Immigration Services (USCIS) and is job specific as well as employer and department specific.<\/p>\n
The H-1B status may be granted initially for up to a three-year period with a maximum total stay of six years. Workers in this category can fill permanent positions, but must leave the country at the end of their authorized period of stay. A person in H-1B status is considered to have dual-intent with regards to immigration. This means that while in H-1B status, workers may file for a change to another immigration category. H-1B is often the category used while in the process of applying for U.S. permanent residency.<\/p>\n
Plan More Than Six Months In Advance<\/span><\/strong><\/p>\n At the earliest, the International Studies may submit an H-1B petition to US Citizenship and Immigration Services 6 months before the intended beginning effective date of the H-1B. The H-1B application process is very long and requires much documentation from both the department and applicant. It is recommended that departments and applicants begin any new H-1B application, extension, or amendment as close to 8 months in advance of the intended start date as possible.<\/p>\n If timing is a critical issue such as with a new professor hired in the summer months who must begin work at the beginning of the fall semester, departments have the option of filing for Premium Processing. Premium Processing guarantees a decision on an H-1B petition within 15 days of the receipt by US Citizenship and Immigration Services of the I-129, H-1B application. Refer to the H-1B packet under the forms section for the current fee structure.<\/p>\n H-1B Application Steps<\/span><\/strong><\/p>\n Please refer to the H-1B Application Packet for the H-1B application procedures. The H-1B Application packet is given below at the end of this page.<\/p>\n Maintaining H-1B Status<\/span><\/strong><\/p>\n Maintaining Passport<\/strong><\/p>\n All international faculty, staff, scholars and students should maintain their passport validity. In general, it is best to have a passport that is valid for at least 6 months longer than the intended dates of stay. If renewal of a passport is necessary, check with your embassy or consulate about the renewal process.<\/p>\n Report Address Changes<\/span><\/strong><\/p>\n International faculty, staff, scholars and students are required to notify International Studies of any address changes. Additionally, all faculty and staff in H-1B status have to report any address change directly to the Department of Homeland Security using the AR-11 Form within 10 days of a change of physical address.<\/p>\n Limitation of Stay<\/span><\/strong><\/p>\n H-1Bs are only valid for a maximum of 6 years. H-1B holders who have pending Permanent Residency Applications may be able to extend their H-1B status beyond the 6-year limit, but extensions beyond 6 years are generally granted for one year at a time.<\/p>\n If the H-1B holder has not left the country since the most recent H-1B Approval, they are valid to stay in the country for the time period listed on the H-1B I-797 Approval Notice.<\/p>\n If an H-1B holder has traveled outside of the U.S. since obtaining H-1B status, they should have an I-94 card in their passport that notes their H-1B status and an end date of the status which matches the end date on the H-1B I-797 Approval Notice. The I-94 is the white card which should be stapled inside the passport next to the most current H-1B Visa.<\/p>\n As long as the H-1B holder extends his\/her H-1B status before the end date listed on the I-94 or on the H-1B I-797 Approval, they will be able to remain in the United States.<\/p>\n If you will leave the program earlier than the end date on your H-1B I-797 Approval Notice, you must inform International Studies.<\/p>\n Employment Restrictions<\/span><\/strong><\/p>\n H-1B holders are not allowed to work for any other employer or in any other work location other than those that are authorized on the H-1B I-797 Approval Notice.<\/p>\n Transferring to another Employer<\/span><\/strong><\/p>\n An H-1B Holder may transfer to another employer as long as the H-1B holder is currently in valid status and the new employer files an H-1B application in a timely manner (before the intended start date of new employment and before the expiration of the current H-1B Approval).<\/p>\n Before taking new employment, talk to International Studies. International Studies must withdraw or cancel your H-1B when you end your employment with Jackson State University. The withdrawal of the H-1B petition may affect your employment eligibility with your new employer.<\/p>\n Renewal of H-1B<\/span><\/strong><\/p>\n An H-1B Holder may renew their status for another three (3) year period, if applicable.\u00a0 The renewal process should begin at least 6 months before the expiration of the current H1B.<\/p>\n