Upon entry to the U.S. as an H-1B visitor or upon change of status to H-1B, the H-1B beneficiary is given a Form I-94 (arrival/departure record) with an end date. The end date is usually the same as the end date requested by Rutgers in the H-1B petition it filed on behalf of the beneficiary, but in some cases it is an earlier date, either because the beneficiary's passport expires earlier or because the port-of-entry officer made an error. If you are given an I-94 form with an end date that is earlier than the end date on your H-1B approval notice (Form I-797), notify the Center for Global Services (CIFSS) immediately. Know your I-94 expiration date and be sure it is always a date in the future.
Report to the Center and Attend a "New Faculty/Scholar Workshop"
All H-1B employees must complete a "check-in" at the Center for Global Services (CIFSS) and attend a workshop for new faculty and scholars which is offered once each week. Sign-up for the workshop is required; as soon as you know what date you will arrive on campus, contact your employing department's administrator and ask that he or she sign you up for the workshop. H-1B employees should bring their passports and all immigration-related documents to the workshop.
Engage in-and Only in--the Specific H-1B Job for Which Your H-1B Petition Was Approved
H-1B employees maintain their status by engaging only in specific job for which their H-1B petition was approved. Any other employment, including other employment at Rutgers University, is not authorized. H-1B employees who anticipate a change in the conditions of their employment (other than a standard salary increase) should have their employing departments contact CIFSS before any such change occurs; an amended H-1B petition must be filed and approved before any changes to the terms of employment are implemented. Please note that H-1B status ends the moment an H-1B employee terminates employment, whether it is prior to the end date of the H-1B approval notice or not.
Maintain Required Documentation
The H-1B must maintain the following required documentation at all times:
- Valid I-797 Approval Notice (unless the H-1B employee came directly from overseas, this Approval Notice is held by CIFSS in the H-1B's file, and is lent to the H-1B for travel purposes only)
- Valid passport-for passport renewal information and procedures, H-1B employees must contact their home country consulate in New York or embassy in Washington D.C.
- I-94 marked "H-1B" and listing an I-94 expiration date. (See "I-94 Form" above.)
Apply for H-1B Extensions in a Timely Fashion
When H-1B extensions are needed, H-1B employees should work with their employing department to ensure that the department submits a completed H-1B extension packet to CIFSS no less than 6 weeks prior to the end date of the current H-1B approval notice.
An H-1B employee whose H-1B extension petition has been filed in a timely fashion is able to continue employment without interruption while the extension petition is pending as long as CIFSS has received the I-797 Notice of Receipt for the pending petition before the previous H-1B approval period ends. Take, for example, an H-1B approval which is valid until June 30, 2007. If a 1-year extension petition is filed on May 1, 2007 and CIFSS receives the I-797 Notice of Receipt for the petition on May 25, 2007, the H-1B employee may continue working for up to 240 days (8 months) after June 30, 2007 while the H-1B petition is still pending.
H-1B visa holders are reminded to submit an extension application for any H-4 dependents in the U.S. at the same time that the H-1B petition extension is submitted.
Notify USCIS of Address Changes within 10 Days
All nonimmigrants, including H-1Bs, must report all address changes to USCIS on a Form AR-11 within 10 days of moving to the new address. H-1Bs who are subject to Special Registration must instead file Form AR-11SR.
H-1B visa holders are required to file a federal and state tax return for each year in which they have earned income in the U.S. H-1B visa holders generally file as "residents for federal tax purposes," i.e., the same way that U.S. citizens and permanent residents file.
Inform CIFSS of Departure from Rutgers' Visa Sponsorship
H-1B visa holders on Rutgers' visa sponsorship are required to notify CIFSS of their departure from the University. Please fill out an H-1B Departure Form and submit it to CIFSS prior to your departure. H-1B visa holders should be aware that there is no official "grace period" following the conclusion of their H-1B status, and should plan accordingly.