Maintaining H-1B Status

H-1B visa status is employer-specific, for a specific position and a limited period of time. You are authorized to work for only the institution noted on the I-797.

Any substantial changes in the conditions of employment must be reported in advance to Mass General Brigham Office for Global Professionals and Students (GPS), including:

• Any decrease in salary

• Significant increase in salary

• Significant change in responsibilities (promotion or other changes)

• Any change in source of funding

• Location/lab moves

All visas processed by our GPS office are employer-dependent and all requests must be made by your hiring department. Please speak with your department's administrative contact person and/or supervisor about any proposed changes.

Travel

This section contains information about reentering the U.S. from Canada and Mexico with an expired H visa in your passport, visa application information, and I-94 reentry requirements.  

Travel to Canada or Mexico

Most H-1B and H-4 visa holders can travel to Canada and Mexico for up to 30 days and return to the United States with an expired H visa ("automatic revalidation"), but please note:

Before traveling to Canada or Mexico, check with that country to see if a visitor/tourist visa is required for you to be allowed to enter that country. All citizens who apply for a visa at a U.S. Consulate in Canada or Mexico are not eligible for automatic revalidation.

Citizens and nationals from countries on the U.S. list of State Sponsors of Terror are not eligible for automatic revalidation and should expect significant and burdensome delays when traveling outside of the U.S.

Travel documents

Present these items when re-entering the U.S. from another country:

• Your passport, which must be valid at least six months into the future

• Your I-94 record that permits stay beyond the date you re-enter the U.S. (you should have an I-94 card indicating an expiration date that is not earlier than the I-797 expiration date)

• Your visa for which the original I-94 was issued

• Original top portion of your unexpired H-1B Approval Notice (Form I-797)

• Copy of a recent U.S. hospital pay statement

Travel to another country

Travel documents

Always travel with the following items:

• Your passport, which must be valid at least six months into the future

• Your I-94 record

• Original top portion of your unexpired H-1B Approval Notice (Form I-797)

• Copy of a recent U.S. hospital pay statement

• Unexpired visa stamp. If you do not already have a valid unexpired H-1B visa stamp in your passport, you will need to obtain an H-1B visa from an American Consulate/Embassy while abroad (only Canadian citizens do not need visas in their passport).

Visa application

Get specific visa application instructions on the website of the American Embassy/Consulate to which you will apply.

• Review visa processing times

• The original I-797 approval notice and the copy of the H-1B application that was included with your approval notice are the only items that you need from our office for the visa application

• If you are asked for a letter to confirm your current employment, please request this from your employer/department at the hospital

Visa application delays

Some visa applications take more than 30 days due to "Administrative Processing" security and background checks. 

While "Administrative Processing" at a U.S. embassy/consulate is infrequent, you should be aware of the following:

• "Administrative Processing" can happen during any visa application, even if you have already legally been living in the U.S.

• It is not possible to inquire whether "Administrative Processing" will apply to you before you apply for the visa

• It is not possible to expedite "Administrative Processing"

• "Administrative Processing" normally lasts 30 to 60 days

• Always purchase flexible/refundable plane tickets if you will apply for a visa

 Your obligation after each time you reenter the U.S.

A U.S. Immigration officer will enter an electronic I-94 Arrival record each time you reenter the U.S.  After reentering the U.S., you must:

• Go to www.cbp.gov/travel/international-visitors/i-94 and print a copy of your new electronic Form I-94

• Review your I-94 information. Your "Admit Until Date" should not be dated earlier than the expiration date listed on the I-797 approval notice

• If there are any errors on your Form I-94, please contact GPS and we will provide you an e-mail address to contact U.S. Custom and Border Protection

• Keep a copy of the I-94 in your passport

• Keep a copy of the I-94 for your permanent records

Extension 

Learn more about how and when to extend your H-1B Visa status. 

Extension with the same employer

H-1B visa status is employer-dependent and must be coordinated by your MGB department. Your department's Administrative Contact Person must act as the liaison with our office regarding any inquiries.

How to extend your current H-1B visa status:

• Confirm with your supervisor and your department's Administrative Contact that they would like to extend your H-1B visa status.

• Your department's Administrative Contact person is responsible for coordinating the extension. The Administrative Contact will provide you will a list of documents that you must submit to your department

• Your department's Administrative Contact person should submit the H-1B extension materials to our office seven months in advance of the H-1B current expiration date

After a complete extension request has been submitted to our office:

Our office typically has an internal two-month processing time to prepare the H-1B paperwork.

After our GPS office submits the H-1B paperwork to USCIS, the U.S. government will need an additional two to five months to process the extension (USCIS processing times are always subject to change).

You can continue your current employment and work authorization once our office files the new H-1B petition with USCIS on or before the expiration date of the H-1B current visa status. The actual approval notice for the extension does not need to be received from USCIS before your current H-1B visa status expires (it can arrive later while you continue working for your employer).

The new H-1B approval notice will be required if you travel internationally after your current H-1B visa status expires. You may decide to expedite the request with USCIS for an additional fee.

When the new H-1B approval notice has been received in our office (Form I-797), our office will email you, your department and Human Resources and overnight mail the original I-797 to the requested address.

Length of time

H-1B visa status can be extended in increments of up to three years at a time.

H-1B visa status can be extended for up to a total of six years. If you intend to work in the U.S. for more than six years, you should consider filing for a green card (legal permanent residence in the U.S.). See more information about green cards.

Change H-1B employer

Once you are in the U.S. in H-1B status and you wish to transfer to another Mass General Brigham affiliate (or another employer in the U.S.), your new employer must file a new H-1B petition with the United States Citizenship and Immigration Service (USCIS) seeking permission for the new employment.

Change of address

All non-citizens (except those in J and F visa status) must notify the USCIS directly of any change of home address by completing Form AR-11 within 10 days of moving.

Form AR-11 is available on the USCIS website and may be submitted by mail or online.

Important details:

• Each foreign national must submit an individual address change notification. For example, a family of five should submit five separate Form AR-11s instead of listing all five people on one form

• The Form AR-11 requests an A number, but please note that not everyone will have an A number

• If you are changing your address while your visa application is pending with a USCIS Service Center, you should reference your pending application in Form AR-11

• If you submit USCIS correspondence should be sent via certified mail, return receipt requested, or some other method providing proof of delivery (FedEx, UPS, DHL, etc.)

You should also:

• Update your address in Mass General Brigham’s PeopleSoft 

• Contact others who have your address (banks, doctor's offices, etc.) to update your information

• Inform the U.S. Post Office of the change so that your mail can be forwarded (you can do this by going to any post office or online at www.usps.com)

Family dependents

Your legally married spouse and your unmarried children under 21 years old are eligible for H-4 visa status. The entire family should apply for the H-1B and H-4 visas with the H-1B's I-797 approval notice at the American Embassy/Consulate, regardless of whether the family has definite plans to enter the U.S.

Your H-4 family members can enter the U.S. with you or enter separately after you are already in the U.S. If they will enter separately after you are in the U.S., you should provide them with:

• A copy of your current I-797

• A copy of the I-129 and supporting documents that were included with your I-797

• A recent copy of your U.S. hospital pay statement/paycheck after you have been paid

• Your family should always know your U.S. home address, where you will work, and what type of work you do

In most situations, the H-4 dependent spouse of an H-1B is not permitted to work in the U.S.

Ending your stay in the U.S.

Leaving the U.S. after completing H-1B employment

You can stay in the U.S. until the end date listed on your I-797 H-1B approval notice unless you:

• Travel internationally

• Lose your job

• Quit your job

• Change to a different visa status

• Change H-1B employers

International travel

Your will receive a new I-94 record each time you reenter the U.S., which will indicate your new permitted length of stay. A 10-day "grace period" may be given at the discretion of an immigration officer at the port of entry and indicated on the I-94.  

You cannot continue to work, earn money from a U.S. source, or travel internationally and reenter the U.S. in H-1B visa status during the 10-day grace period. Your H-4 dependent family may also stay in the U.S. with you during the grace period.

Losing your job

If your employer terminates your job (you are fired, laid off, etc.) for any reason before the current expiration date listed on your I-797 approval notice, your visa status will end on your last day of payroll at Mass General Brigham and you should prepare to leave the U.S on your last day of payroll.

The H-1B regulations permit the USCIS to grant a discretionary grace period of up to 60 consecutive days following the end of H-1B employment, or until the end of authorized validity period on the H-1B approval notice, whichever is shorter. This 60-day grace period may only apply one time per authorized nonimmigrant validity period. 

The H-1B 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 obligated to offer return transportation to your family or transport your personal belongings. 

Quitting your job

If you quit your job, you should leave the U.S. unless you have already filed 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. 

Changing to a different visa status

The request to change visa status should be filed with USCIS on or before your last day on payroll. You may seek further guidance from your new international office or an immigration attorney.

Changing H-1B employers

To be eligible for a transfer/portability of your H-1B status, you must maintain your current H-1B employment until the new employer files an H-1B petition with USCIS.  The new employer can provide timing details.

H-1B regulations allow individuals already holding H-1B status to begin employment with a new employer once the new petition is filed with USCIS. This means that individuals may begin new employment before the petition is approved by USCIS, but no earlier than the start date of the new H-1B petition. Further guidance should be obtained from the new employer.

FAQs