Now that you are in the United States as an H-1B temporary nonimmigrant worker, you must meet certain obligations in order to maintain your lawful status:
- Work only in the authorized place of employment
- Work only for the period approved on your I-797
- Your hiring department must notify the Office of Global Services if a significant change in duties, responsibilities, salary, or work site is expected during your authorized employment; an amended petition may be necessary
- You must have the department apply for renewal of your H-1B status four to six months prior to the expiration of your current H-1B immigration status; keep in mind that the maximum allowable time in H status is six years
- You must notify the Office of Global Services if you change or adjust your status to permanent resident
- You must maintain a valid passport at all times
- You must report a change of address in the U.S. within 10 days to the immigration service on form AR-11. You must also email the Office of Global Services with your new address so that we can update your file
If you stay beyond the ending date of your I-94 or upon the determination by United States Citizenship and Immigration Services. There are serious consequences to staying unlawfully in the U.S. The consequences include a three-year bar from reentering the U.S. if you have stayed unlawfully in the U.S. for 180 days or more, and a 10-year bar if you remain unlawfully in the U.S. for 360 days or more. Violation of your H-1B status does not necessarily make you unlawfully present, although it does make you ineligible for any immigration benefits. Before this occurs, please consult the Office of Global Services if you have any questions about maintaining your status. This does not apply if a timely, non-frivolous petition to extend your stay has been received by USCIS prior to the end date of your I-94.
Completion or Termination of Employment
- Upon the completion of employment, H-1B workers must make plans to depart the United States immediately or apply for a change of nonimmigrant status.
- If you terminate your employment prior to the end date on your H-1B approval notice, you must inform the Office of Global Services so we can update your records.
H-1B workers are required to pay all applicable state, federal, medicare, and social security taxes. However, residents of certain countries may be exempt from paying state and federal income tax for the first two or three years of their stay in the U.S.
To find out if you are eligible to use the tax treaty exemption from state and federal taxes, please contact the tax treaty specialist for your country at the Internal Revenue Service (IRS). Call the IRS Tax Treaty Division at 202.874.1460. H-1B holders should file federal and state income tax returns by mid April of every year. Information about filing tax returns is available on the IRS website.