H-1B Workers

H-1B status employees have certain requirements and considerations that they must follow to maintain their legal status. The most important part of maintaining your H-1B status is that you must continually engage in the employment described by your employer on your H-1B application to USCIS. Should any employment details change (i.e., the employer, the job title or duties, salary, location, etc.), you should consult with your employer or immigration attorney, and a new or amended H-1B petition must be submitted to USCIS.

Grace Period

There is no formal "grace period" (beyond a generally assumed 10-day period) in H status. This situation is unlike the clearly articulated 30-day grace period for J holders and the 60-day grace period for F holders. Therefore, when a job ends, your H-1B status ends too. This can be problematic if you suddenly quit or lose your job. To avoid any issues, you should speak with an immigration attorney to understand your options before a job ends, not after!

Dual Intent

H-1B status carries "dual intent." This is an important distinction from F or J status. "Dual intent" implies that a person may choose to return to their home country or may choose to move into permanent residency (or immigrant) status in the U.S. This can be helpful when applying for the visa stamp overseas. Unlike an F student or J researcher, an employee does not need to "prove" the intention to return home after program completion. "Dual intent" is also the reason that OIE and many attorneys will advise a person to obtain H-1B status before applying for permanent residency in the U.S.