OISSS: For International Academic Staff: H-1B

H-1B

Change of Employers as an H-1B | Change of Jobs at UNC-Chapel Hill
Concurrent Employment by Different Employers | Extensions | Travel

An H-1B Temporary Worker is a nonimmigrant status for a professional position that requires at least a specific bachelor's degree. The initial petition can be for up to 3 years with extensions to a maximum total of 6 years. Several Department of Labor (DOL) and U.S. Citizenship and Immigration Services requirements must be met in order to secure and maintain this status.

Proposed Changes in Your Work
Your H-1B status is very job and employer specific. It permits you to work for only within the dates specified in your I-797 Approval Notice and only the employer listed on that notice who petitioned the USCIS on your behalf. Further, it only allows you to work at the specific position that was described in that petition. Any proposed significant change in your job duties or salary could require the University to file a new petition before those changes could occur. If there are any proposed significant changes in your job title, duties, salary (annual raises comparable to all other similar workers in your department are allowed), or a change of work location for more than 10 consecutive days, contact the Office of International Student and Scholar Services immediately.

Change of Employers as an H-1B
Should you decide to change employers, you should not leave your current employment, until the new employer has filed an H-1B with the USCIS, as there is no "grace period" for the H-1B status. You would be no longer be "In-status" with USCIS if you quit one job and could not start the other job immediately. While, changes in federal law enacted in fall 2000, allow you to change jobs as soon as the new employer files a petition with USCIS, you may feel more secure waiting for the USCIS approval of the new job, in case any problems arise in the approval process.

Change of Jobs at UNC-Chapel Hill
Should you decide to change positions at UNC-Chapel Hill, remember that any significant change in the job duties, etc. require UNC-Chapel Hill to file a new petition on your behalf. Therefore, the process is the same as that listed above for a change of employers and, again, you should not assume the new duties or job until the University has filed a new petition with USCIS.

Concurrent Employment by Different Employers
Employment by more than one employer while in H-1B status require the employers to file separate H-1B petitions to USCIS requesting concurrent employment. However, January 2001 changes in the DOL regulations for the Labor Condition Application (LCA) which is required for any H-1B petition have made such concurrent employment much more difficult for employers. In some cases, these changes may have made it impractical or impossible to employers to comply. Specifically, the requirement for each employer to file a petition for you as a part-time worker and for each employer to keep accurate hourly records for all days worked (even if the employer does not do this for other part-time workers who are not in H-1B status). This may also make the H-1B impossible for more fluid positions that are supported by two employers where the hours assigned to the two areas of employment overlap or are otherwise unclear.

Extensions
In order to avoid any interruption in your employment, you should have your department contact the Office of International Student and Scholar Services and begin the process for applying to the DOL and USCIS for an extension of your H-1B status 6 months before the expiration date of your current H-1B employment authorization. The extension can be for up to three years, but there is a six-year limit on the total length of time in H-1B status.

Travel
When traveling within the United States, foreign nationals, including any accompanying dependents, should carry their immigration documents with them. These documents include valid passport, I-94 arrival-departure record, and I-797 Approval Notice. Please take extra precautions to safeguard your documents both while traveling and in Chapel Hill.

Whenever you travel outside the U.S., you should always carry the following documents for presentation at a U.S. Consulate abroad and/or to the USCIS officers when re-entering the U.S.:

Valid H-1B visa (needed to enter the U.S.)
H1-B Approval Notice (I-797 Notice of Action)
Copy of UNC-Chapel Hill's H-1B petition (Form I-129, three pages)
Copy of Labor Condition Application (LCA)
Recent copy of departmental support letter (the department
letter submitted as part of the petition can serve as an example
for this new letter) and could follow the following pattern:
Para. #1--"Dr. X is currently employed in H-1B status in the
position of....This current H-1B appointment began on
(month/day/year) and will end on (month/day/year). {These
would normally be the dates on your H-1B approval
notice.} The position carries a salary of $...per...."
Para. #2--"The main duties of this position are...."
Para. #3--"Dr. X possesses the necessary qualifications for the
above position. Dr. X's qualifications include...."
For H-4 visa and/or re-entry to the U.S. for a dependent, your
spouse, or any of your children under the age of 21, will need
to provide the same as above, plus the following are
recommended:
1. Valid H-4 visa (needed to enter the U.S.)
2. A current bank letter or statement showing enough funds
  to support family members
3. A copy of the H-1B's passport and H-1B visa stamp (if
  already obtained)
4. Marriage certificate for spouse
5. Birth certificates for children

WARNING: Due to heightened security, visa approvals abroad are taking from 1 to 3 months and longer as new security checks are conducted for all applicants worldwide. All documentation submitted to a consular or immigration officer is receiving greater scrutiny, so please review and know the contents of all of your documents before presenting them to the U.S. official.

Office of International Student and Scholar Services | University of North Carolina at Chapel Hill