Maintaining Your Legal H-1B1 Status

Government Regulations You Must Follow in Order to Maintain Your Legal H-1B1 Status

The H visa category is for the temporary employment or training of foreign nationals by a specific employer. This category is broken down into eight subcategories. This information sheet concerns the H-1B subcategory. The H-1B is used for individuals who will perform services in a "specialty occupation." Employment in H-1B status is limited to the specific employer and employment specified in the H-1B petition. Individuals in H-1B status are permitted to remain in the U.S. as long as they maintain their H-1B status by working only for the employer who has sponsored their status and by adhering to the original terms and conditions of employment. Any changes in employment must be reported to the Office of International Services (OIS) in advance. Some examples of changes include but are not limited to the following: a leave of absence, promotion, change in salary, change in benefits, or change of department. Certain changes will require an amendment of your H-1B before they can become effective.

Please keep in mind that there is a difference between H-1B status and an H-1B visa. H-1B status is granted when an employer receives an Approval Notice (Form I-797) from the Citizenship and Immigration Service approving the H-1B petition. An H-1B visa is the stamp placed in a foreign national's passport by the U.S. Department of State and is granted for entry purposes only. Even if your visa is valid, you can lose your legal H-1B status if you do not comply with immigration laws regulating your stay in the U.S. If you fail to maintain your legal H-1B status, you may be considered unlawfully present in the United States and may be subject to deportation.

  • Maintain a valid passport at all times, unless exempt from passport requirements.
  • Work only for the employer(s) that have obtained an approved H-1B petition on your behalf.
  • Report any proposed changes in employment conditions to the Office of International Services well in advance of the proposed change.
  • H-1B status can be granted for an initial period of up to the three (3) years. Extensions can also be granted thereafter in three-year increments. The cumulative maximum duration in H-1B classification is six (6) years, with limited exceptions.
  • Non-immigrants in H-4 status (dependents of H-1B status holders) are NOT authorized to work.
  • The processing of an H-1B petition is an extremely complex and lengthy process involving government agencies at the local, state, and federal level. It is YOUR responsibility to ensure that the processing for any extension(s) of your H-1B status is started in a timely manner. [NOTE: You are strongly urged to start any amendment or extension process 6 months in advance.]
  • "Dual intent" is recognized for individuals in H-1B status. A foreign national in H-1B status is not subject to the presumption of immigrant intent under U.S. immigration law.
  • There is NO grace period for foreign nationals in H-1B status after the authorized period of stay ends. You must petition for an extension or change of status prior to the expiration of your current H-1B status. If you resign from your job or are terminated, and you have no other petition currently pending with the CIS, you are considered to be out of legal status.
  • Do NOT travel outside the U.S. without first consulting the OIS for the proper advisement and documentation.
  • Report a change of address to the OIS and CIS within 10 days of the change. File a Form AR-11 with the CIS to notify them of the change. You should also report the change to other departments throughout JHMI (payroll, registrar, etc.).

The information outlined above is not intended to be exhaustive. If you have any questions or need additional information about maintaining your H-1B1 status, please contact the Office of International Student, Faculty, & Staff Services at The Johns Hopkins Medical Institutions.