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Responsibilities of H-1B Employees

Students

Maintaining Lawful H-1B Temporary Workers Status

OISS is here to help advise you on how to maintain your status in the United States, but it is your responsibility to stay current on any changes in immigration regulations via the OISS web site and through updates sent to your UD email account.  Immigration regulations can vary depending on your individual case or situation. Always consult an OISS advisor for the most accurate information or whenever in doubt.

The eight most important things you must do to stay in lawful H-1B status:

  1. Report any changes in your employment---job duties, salary, geographic location--as soon as possible. You are required to notify OISS of any such changes before they occur. In some cases, changes must be pre-approved by USCIS, a process that can take up to 5 months. 
  2. Notify OISS before you end your employment or stop working for the University of Delaware. Ending your employment might have an impact on your immigration status. You must notify OISS no matter why you are leaving and no matter what your future plans are.
  3. Work only in the position approved by the United States Citizenship and Immigration Services (USCIS). Do not work in a different position for the University of Delaware or any other employer unless that employment is pre-approved by USICS. You are not allowed to work for anyone else, or receive payment, including honorarium, from any outside source unless the employment is pre-approved.
  4. Maintain a valid passport and Form I-94 Arrival/Departure Record at all times.
  5. Contact OISS at least 5 months before the expiration date of your current H-1B if you plan to extend your H-1B status. Failure to contact OISS in a timely manner will delay the process and may disqualify you from extending your H-1B status.
  6. Notify OISS as soon as possible if you change to another immigration status, file a petition for permanent residency, and/or adjust your status to lawful permanent resident.
  7. Notify OISS and USCIS of a change of residential address within 10 days of your move.  To notify USCIS go to https://egov.uscis.gov/coa/displayCOAForm.do
  8. If you changed your status to H-1B while in the US and are traveling outside the US for the first time since that change, you must notify OISS at least 10 days before your trip so we can make sure you have the documents you will need to return to the US.

REMEMBER: Always consult with OISS whenever you are unsure about maintaining your status or changing your status, or if you have any other immigration related questions.