Employment Based Immigration Handbook
III. H-1B INFORMATION AND REGULATIONS FOR THE FOREIGN NATIONAL EMPLOYEE
III.2 EMPLOYEE INFORMATION AND RESPONSIBILITIES
Although the H-1B is an employer sponsored petition, each Beneficiary must comply with all USCIS rules, as failure to do so may affect the Beneficiary’s legal status to remain in the U.S. and may affect future filings of the Beneficiary. Please be aware of the following:
*** Substantial changes in employment: H-1B petitions are very specific and limited to the specialty occupation that was
approved at the time of filing the original H-1B. Changes to the salary, physical
location of employment (i.e., changing buildings, adding a building), job title, promotions,
demotions, additional duties, or anything that might be deemed material may require
an amendment of an H-1B. Employees may not “moonlight” or receive benefit from other
employment. Further, even if the job title remains the same, but the duties materially
change into something that was not intended, please discuss with CISP. Employment
outside of the approved scope may affect the Beneficiary’s current status and future
ability to remain and work in the U.S. 
*** Address reporting requirement: USCIS requires that all H-1B and H-4 status holders notify them of any address changes within 10 days of moving by submitting AR-11. For instructions, please visit USCIS's Address Change page.
*** Employee separation or termination: When a termination or separation from UToledo becomes effective, the H-1B status is also terminated. The last day of work is when the H-status ends. Reminder: there is no “grace period” that allows the employee to stay in the U.S. after separation or termination. Assuming no other petition that grants valid status has been filed, the foreign national is immediately out of status. Employees who will be separating from the University should coordinate with their Department, HR, and CISP prior to termination of employment.
*** Porting: When transferring to another employer, in order to maintain status, the employee must continue working for UToledo until the new employer has taken certain steps in filing an amended H-1B petition. The employee must consult with their new employer for information regarding that process. Please remember that there is No Grace Period upon expiration of the H-1B or separation from UToledo.
*** Maintaining status: The employee must ensure that their I-797 (H-1B Approval Notice) is valid and the I-94 corresponds with the effective dates on the approved H-1B. I-94 validity may be checked online at Homeland Security's website. After travel and upon re-entry, the employee should mail a copy of their electronic I-94 verifying legal status to CISP. Having a valid I-94 and valid I-797 is required to maintain authorization. Get your most recent I-94 at Homeland Security's I-94 page.
Note: Both the I-797 and the I-94 must be valid in order to have work authorization. If the I-94 “admit until” date has passed, then the Beneficiary is out of status. Regardless of what the validity period on the H-1B Approval Notice states, every employee needs a valid I-94 and I-797. This works both ways; an I-94 “admit until” date may be valid, but this does NOT grant any work authority unless the I-797 dates are current and valid as well.
A Note on Travel Abroad and Status:
Upon re-entry into the U.S. after a trip abroad, if the Beneficiary’s passport expires prior to the H-1B end date, Customs and Border Protection may short end the I-94 “admit until” date. Example: An H-1B employee is granted work authorization for three years from 07/02/2014 until 7/1/2017. The employee travels abroad but has a passport that expires on 5/14/2016. Upon return to the U.S. the CBP border official stamps “admit until” 5/14/2016 in the Beneficiary’s passport. This results in the employee’s status expiring on 5/14/2016 despite their H-1B approval notice being valid through 7/1/2017. Here, the employee should discuss with CISP immediately the options available for extending status. It is the employee’s obligation to maintain lawful status throughout the entire validity period.
*** Expiration of approval notice and H-1B time: The employee should be aware of their expiration date and aware that, although the H-1B is an employer sponsored petition, working beyond the expiration period is unlawful employment.
*** Maintain valid passport: The employee should maintain a valid passport and prepare to renew the passport in a timely manner.
*** Finite Six-Year period: USCIS allows an H-1B Beneficiary to work for a total of six years. Keep in mind that H-1B status and work authorization ends at the end of the six-year period.
*** Outside lecturing or other type of consulting work: An employee may not receive a benefit, honorarium or other monetary gain for giving outside lectures. An employee “may” be reimbursed for travel and reasonable expenses, although it is advisable to contact CISP if this is contemplated. Remember that any work outside the scope of approved duties is not permissible, and if performed by the employee, means most likely the Beneficiary will be engaging in unlawful employment.
*** Export control: Every employee certifies that they are not exposed to controlled technology or that an approved plan was put in place before work began by the Office of Research & Sponsored Programs. Export control laws are federal regulations that govern how certain information, technologies and commodities can be transmitted overseas or to a foreign national on U.S. soil. The scope of the regulations is broad: they can cover exports in virtually all fields of science, engineering and technology and apply to research activities regardless of the source of funding. Failure to comply with these laws can have serious consequences, both for the institution and for the individual researcher. Potential penalties include fines and possible imprisonment.
*** Tax filing: The University of Toledo does NOT offer any tax advice. The employee is advised to consult a tax professional regarding treaties and other obligations under federal, state, and local law.
*** Change of status: When the employee has a Change of Status (from H-1B to another status) through a self-petition or otherwise, please inform CISP of this change of status prior to it going into effect.
*** I-9: The employee is reminded of their obligation to complete or update their I-9 in a timely manner; this should happen no later than the first day of employment.
Go to the next section: III.3 Travel and Re-entry to the U.S. for the H-1B Employee