Maintaining H-1B Status

1. Maintain Valid Passport

Your passport must be valid for at least 6-months into the future unless exempt by country-specific agreements. Contact your country’s embassy in the U.S. for information about renewing or extending your passport while in the U.S.

2. Carry documentation verifying H-1B status

• • Regulations require that you carry your I-94 at all times

    • • Review your I-94 record each time you re-enter the U.S., ensuring it reflects the correct class of admission (“H-1B”) and admit-until date (“the correct amount of time”). Retrieve your electronic I-94 here, print a copy, and carry it with your immigration documents, as required by immigration law. If your I-94 contains incorrect information, email to [email protected] for guidance on correcting it
    • • Most individuals sponsored through Johns Hopkins for their nonimmigrant visa who have an I-94 should already meet the federal registration requirement and likely do not need to take any further steps. Some Canadian citizens and families with children or dependents who have turned 14 while in the U.S. may need to take action. The U.S. Citizenship and Immigration Services (USCIS) website has more information about these requirements”

• • It may be advisable to carry a copy of form I-797: Form I-797/ H-1B Approval Notice: This document shows that you are the beneficiary of an approved I-129 (H-1B petition) and you are authorized to work for the sponsor of the H-1B (JOHNS HOPKINS UNIVERSITY) in the capacity described in the petition for the time period indicated on the I-797. Keep the original I-797 in a safe location

• • It may also be advisable to carry a valid government-issued ID to further establish your identity

3. H-1B Petition (Form I-129, LCA and supporting documents)
Form I-129 (H-1B petition) was filed with USCIS by JHU on your behalf. A copy of the H-1B petition is available in iHopkins. When you apply for an H-1B visa at a U.S. Consulate, OIS recommends you carry a copy of the petition with you. An H1B petition includes a Labor Condition Application (LCA). The LCA is a formal declaration filed by the employer (JOHNS HOPKINS UNIVERSITY) with the U.S. Department of Labor stating JHU’s intention to employ you, as a non-immigrant worker in H-1B status. The LCA specifies the dates of your employment, your minimum annual salary, your job title and the address(es) of your employment. The LCA also is an attestation that JHU will meet specific H1B sponsorship requirements (e.g. wages, work conditions, etc.)

For general travel information, please review the H-1B travel page. It is important to share your travel plans with OIS well in advance of departure. In some cases, travel while an H-1B application is in progress can invalidate an H-1B application and have serious consequences. Email your travel questions to [email protected].

In addition to Form I-94 which is issued electronically by CBP upon entry to the U.S., Form I-94 is also issued by USCIS as a tear-off portion of Form I-797.  When you apply for H-1B status within the U.S., the tear-off Form I-94 reflecting the approval of your H-1B petition will be at the bottom of Form I-797.  Form I-94 is issued by USCIS when applying for H-1B status for the first time, or as an extension or amendment to your current H-1B status.

As a sponsor of H-1B temporary workers, an inspector in the USCIS Fraud Detection and National Security Directorate [FDNS] may contact JHU at any time. USCIS started the Administrative Site Visit and Verification Program in July 2009. The purpose of these visits is to verify JHU’s existence and the accuracy of information in the JHU’s H-1B petition. Site visits may occur in person, by phone, or by email. FDNS inspectors may request to speak to staff in OIS, with sponsored H-1B employees, direct supervisors of H-1B employees, and other departmental representatives. Information on FDNS Site Visits can be found on the OIS website.

Detailed Information and example documents can be found on the OIS website. It is important that you understand the immigration documents that you must maintain as an H-1B employee.

Follow the steps below to notify USCIS, OIS and JHU.

1. USCIS requires that you report an address change within 10 days of move. For information on updating your residential address with USCIS.

When asked if you recently submitted a petition to USCIS, this is in reference to a personal application, not an application filed on your behalf by an employer. Only respond affirmatively if you were the petitioner on a recently filed/currently pending application. JHU is the petitioner for your H-1B application. Do not enter the USCIS case number associated with your H-1B petition when submitting an address update to USCIS.  

2. OIS: Email [email protected] with your full name, date of birth, JHED and new residential address

3. JHU: Visit “My JHU”: https://my.jh.edu/myJH/

You may only work for the employer listed on your I-797 approval notice and may only work in the position described in the H-1B petition. It is extremely important to report any proposed changes in the terms of your employment to the OIS at least three to four months in advance of the proposed change (e.g. change in title, job duties, work site, School, Department/Division, etc…). Changes to any of these terms of employment generally requires an amendment to your petition.

If you change employers, the new employer must file a new H-1B petition before you begin your new employment. Please keep in mind that Johns Hopkins Hospital (JHH) and Johns Hopkins Health System (JHHS) are different employers with different Federal Tax IDs. A change in employment from JHU to JHH or JHHS requires the filing of a new H-1B petition with USCIS by the new employer.

H-1B employees may not work or provide any “service” to another employer and are ineligible for payment from another employer, institution or organization in the form of honoraria, wages, etc. Honoraria and consultation fees may be considered unauthorized employment under USCIS regulations.

H-1B employees at JHU may be eligible for the reimbursement of travel-related expenses for professional purposes. Please contact [email protected] for more information.

A faculty member may be permitted to take a sabbatical; however, it will require advance planning by the department, the H-1B employee and OIS. Also, approval of the sabbatical may come with certain conditions on salary, duration and location. If you are contemplating a sabbatical, or you have been approved to take a sabbatical for a term or an academic year, you must contact the OIS to discuss your H-1B status.

Similarly, if you are seeking a leave of absence from your employment, you must consult the OIS. As you must be working full-time for JHU to maintain status, a leave of absence from your employment may violate your H-1B status and require the withdrawal of your H-1B petition and LCA. If you are contemplating a leave of absence, you must contact OIS to discuss your H-1B status.

If your employment at Johns Hopkins University is ending, please contact OIS to discuss your H1B status. When your employment ends, your H-1B status ends. There is no guaranteed “grace period” for H-1B status, so it is important that you take steps to secure an alternate status or depart the U.S. in a timely manner. You also must notify the OIS via the Notification of Departure Form when your employment ends.