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Home > Maintaining Your Visa Status > H-1B Visa > Frequently Asked Questions

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H-1B Visa Frequently Asked Questions

Frequently Asked Questions

Q: My visa in my passport will expire soon (or has expired). Can I stay in the U.S. without a valid H-1B visa in my passport?

A: Yes, you can live and work in the U.S. without a valid H-1B visa stamp in your passport. You do not need a valid visa stamp in your passport in order to stay in the U.S. because the visa stamp is only a travel document that needs to be valid when entering the U.S.

While the H-1B visa in your passport can expire, your passport must always be valid at least 6 months into the future even if you are not traveling.  If your passport will expire within the next year, inquire about passport extension procedures with your home country's embassy/consulate in the U.S.

Q: How long can I stay in the U.S.?

A: You can stay in the U.S. until the end date listed on your I-797 H-1B approval notice. If you travel outside of North America, the new expiration date of your H-1B visa status will be on your new I-94 card. See the bottom of this page for I-94 instructions.

Q: What if my current job changes with my current employer?

A: There may be risks associated with beginning a new position prior to obtaining an approval from the U.S. Department of Homeland Security. It is always important for your department's administrator to contact the Partners Office for International Professionals and Students (PIPS) if any changes in employment are planned to your current job at your current hospital (such as significant salary increases, considerable changes in job responsibilities, moving to another lab, location or position).

Q: Can my salary change?

A: Your salary cannot be below the "Wage Rate" specified on the Labor Condition Application (LCA), even if the hospital's grants are decreased or not renewed. Copies of your supporting visa documents were included with your original I-797 approval notice. A copy of the LCA certified by the U.S. Department of Labor is located after the I-129 and the confirmations of hospital non-profit status. The LCA indicates your minimum salary.

The "Wage Rate" listed on Page 3 in Section F1 of the LCA is your minimum required salary while an H-1B in this position. The employer specified on Page 1 in Section C1 must pay at least the amount listed as the "Wage Rate." Any applicable grants must be paid to you through the employer's payroll. If your salary is ever decreased below the "Wage Rate" listed on the LCA, please contact us.

You can receive standard annual raises above the "Wage Rate."  You cannot accept a promotion or different job without prior approval.

 

Q: Can I present at conferences or give lectures and then accept an honorarium or any other money?

A: While in H-1B visa status, you are permitted to participate in occasional speeches and lectures that are incidental to your employment, but you are not permitted to receive a wage, salary, honorarium, monetary gain, or any other material gain from occasional speeches and lectures. You may be reimbursed for expenses incurred in connection with travel to other institutions or conferences. These reimbursements must be accurate and not disguised compensation or monetary gain. Since the rules for H-1Bs to get any reimbursement for their travel are very strict, please be sure to have receipts in connection to the event to specify the actual costs.

As a reminder of the limitations of H-1B visa status, please do not accept any money, honorariums, salary etc. from anybody other than your current H-1B employer unless it is specifically for travel reimbursements.

Q: Can I work for another company or employer?

A: Yes, you may, under certain circumstances, begin working in a new H-1B position and/or for a new H-1B employer as soon as a new I-129 H-1B petition for the new position has been filed with the U.S. Department of Homeland Security (DHS). If you decide to accept a job with a completely different company or employer, contact the new employer to be sure that a new I-129 H-1B petition for the new position has been filed with the DHS. Do not stop working at your current job unless the new paperwork has already been given to the U.S. government for your job change.

Q: What if I lose my job?

A: If your employer terminates your job (you are fired or laid off) before the current expiration date listed on your I-797 approval notice for any reason, your visa status will end on your last day of payroll at the hospital. You should leave the U.S. on or before your last day on payroll unless you have already filed paperwork with Immigration to transfer or change your visa status before your current employment ends. Your employer is required to offer you the reasonable cost of return transportation (usually an airplane ticket) to return to your last place of residence abroad (usually your home country) so that you do not overstay in the U.S.   The employer is not required to pay for your family's return transportation or for your belongings to be shipped.

Q: What if I quit my job?

A: If you quit your job, you should leave the U.S. unless you filed paperwork with Immigration to transfer or change your visa status on or before your last day on payroll.  The employer is not responsible for your cost of return transportation abroad if you choose to quit your job.

Q: Do I need to keep any outdated visa documentation?

A: Always keep your visa documentation even if it is outdated or relates to a previous visa status. You may need to demonstrate your entire visa history in the U.S. (for changes of visa status, green card applications, and other purposes). The PIPS office and any of your previous employers are required to maintain documentation for only a limited amount of time, so older employment records may not be available.

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