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Hiring Department FAQ’s

Where can I find a sample sponsorship letter?

Resources for H-1B E-Form Departmental Users can be found in One Drive.  

Is there a cap on the number of H-1B’s approved each year?

Yes, but JH Entities are exempt from the H-1B cap.

My current employee’s H-1B has expired, and we have a receipt notice for his/her extension of status. Can he/she continue to work?

Current H-1Bs may remain in the US and employed for at least 240 days, while waiting for a timely filed H-1B extension approval from USCIS.

My H-1B sponsored employee just resigned, what should I do?

If an H-1B employee from your department resigns or is terminated the department is required to notify the OIS immediately. This is because the USCIS must also be notified in writing by the OIS. Otherwise, the department remains responsible for the sponsored nonimmigrant’s salary. Please use the Notification of Departure Form and ensure it is promptly submitted to the OIS.

We wish to promote a H-1B from postdoc to Jr. Faculty. If the job is otherwise unchanged, do we need to notify the OIS?

If H-1B employee will change departments, position title, duties, benefits or salary the OIS must be consulted before the change takes place. It may be necessary to amend the current H-1B petition.

We want to hire an individual who is already in the U.S. in H-1B status with another employer. What do I need to do?

The H-1B visa is “employer specific and position specific.” Thus, you will have to obtain an H-1B visa for your applicant even though s/he may already have an H-1B visa for another US employer, or another JH entity. [Important Note: JH University, JH Hospital and JH Health Systems are all considered DIFFERENT employers as they have separate tax id’s] These cases will be considered “new” employment and will require the $500.00 anti-fraud fee [in addition to the $460 filing fee]. The Portability Rule allows an individual who holds H-1B status to begin in employment with a new employer with a receipt notice under certain circumstances. The individual must maintain their H-1B employment with their current employer until the OIS files a H-1B petition on their behalf. Only after the OIS notifies the hiring department that they have received a receipt notice from USCIS should the employee report to JH to begin employment. With the USCIS receipt notice, Form I-9 can be completed and the employee can begin work.