Obtain H-1B Outside the United States
Obtaining H-1B Visa Sponsorship
Partners Office for International Professionals and Students (PIPS) prepares H-1B petitions on behalf of Partners affiliates. There are both government and institutional restrictions on petitioning for an H-1B. If appropriate, PIPS will begin processing the required documents with the U.S. Department of Labor and with the United States Citizenship and Immigration Service (USCIS). The Partners hospital will act as the liaison with our office if you have any questions about your change of visa status.
If the USCIS approves the H-1B petition, an I-797 Approval Notice will be mailed to you. If you are outside the United States, our office will mail the I-797 to you so that you can apply for an H-1B visa stamp at an American Embassy/Consulate in order to be allowed to enter the U.S. in H-1B visa status (please note that Canadian citizens do not need to obtain visas in their passport). The USCIS may also send a cable notification to a Consulate or Embassy where you apply for the visa.
Entering the U.S.
You can enter the U.S. up to 10 days in advance of your H-1B approval notice (Form I-797). Place your visa documents in your carry-on bag because you will not have access to your checked in luggage until after you go through U.S. Immigration.
Be prepared to give the following items to the Immigration Officer when entering the United States:
- Your passport, which should be valid for at least 6 months into the future
- Your original H-1B approval notice (Form I-797)
- The name and address of the hospital at which you will participate, if requested.
- A copy the I-129 and supporting documents that were included with your I-797, if requested.
After an Immigration Officer reviews the above documentation, the Officer should:
- Place a stamp in your passport as proof of your date of entry to the U.S., the port of entry, visa status, and permitted length of stay.
- Enter your electronic “Form I-94 Arrival/Departure” visa information into the government’s database.
- Give you a paper "tear sheet" to notify you about how to access a copy of your I-94 visa information (you may need to print this I-94 information to demonstrate your legal visa status).
- Return all of the documentation to you.
Please be sure that your permitted length of stay on the passport stamp is not earlier than the expiration date listed on your I-797B approval notice. If the Immigration officer writes an earlier date on the I-94 card, your H-1B visa status will expire on that earlier date even though your I-797B approval notice says a later date. You should review your passport stamp and I-94 record card each time you reenter the U.S. and inform the Immigration officer of any inconsistencies.
Keep your I-797 and paper I-94 record with your passport. Keep copies of your passport and visa documents in a safe place in case your originals are lost or stolen. The I-797 is very expensive and very difficult to replace and should always be kept for your future records.
It is highly recommended that you attend International Orientation, which will include information about maintaining your visa status, travel guidance and other relevant topics. Information about International Orientation is attached in the recent email to you entitled “Visa Guidance.” International Orientation is separate from any other hospital orientation. Please bring your passport, I-797, and I-94 to International Orientation. Spouses are invited to attend, but children are not permitted.
What You Should Know About the I-94 Expiration Date
Immigration regulations say that H-1Bs will be allowed to stay in the U.S. for up to 10 days after the H-1B visa status ends, and it is best for you to ask that this “10-day grace period” also be granted on your I-94 card when reentering the U.S.
You should review your I-94 card each time you reenter the U.S. and call any errors to the attention of the Immigration officer. Your I-94 number (number located in the upper left corner of the I-94 card) will change each time you travel and get another I-94 card.
H-1B individuals who are dismissed, laid off, or quit their job do not enjoy any grace period following their termination and must depart the US immediately.