Information for Those in H-1B Status

To enter the U.S. for the first time after receiving an H-1B approval notice and H-1B visa stamp, you should be prepared to present the following documents to U.S. Customs and Border Protection:

Valid passport
H-1B visa stamp (citizens of Canada & Bermuda are exempt)
Original H-1B Approval Notice (Form I-797A)
Copy of Labor Condition Application (ETA Form 9035) 
Copy of H-1B petition (Form I-129) 
Copy of USCIS Letter of Support submitted with the petition 

To re-enter the U.S. after international travel, you should be prepared to present the following documents to U.S. Customs and Border Protection:

Valid passport
H-1B visa stamp (citizens of Canada & Bermuda are exempt)
Original H-1B Approval Notice (Form I-797A)
Original employment verification letter on Penn State letterhead from the department
Copy of Labor Condition Application (ETA Form 9035) 
Copy of H-1B petition (Form I-129) 
Copy of USCIS Letter of Support submitted with the petition 
Copy of three most recent payslips, printed from Workday 

Visa Stamp:  You must apply for an H-1B visa stamp the first time you travel internationally after receiving H-1B status or an extension. If you obtained or extended your H-1B status while in the U.S., this process does not generate a visa stamp; it only updates your status within the country. You are not required to apply for a new visa immediately after a change of status; this requirement arises only when you decide to travel internationally. If you decide to travel internationally, you will need to secure a visa stamp before returning to the U.S. (As mentioned above, citizens of Canada and Bermuda are exempt from the visa requirement.)

DS-160 Visa Application
General Information on U.S. visas
U.S. Embassy and consulate information

International travel while an extension of status petition is pending with U.S. Department of Homeland Security is permissible, but please contact your International Faculty Adviser to discuss your specific situation.  Please note that you must be in the U.S. when the H-1B petition extension is filed.  If the extension is approved while you are abroad, you must reenter the U.S. using the new Approval Notice.  This means that the documents must be sent to you while you are abroad. Additionally, you may need to arrange for an H-1B visa stamp and interview, so please plan your travel accordingly.

If you re-enter the U.S. based on your old Approval Notice, you will be admitted only until its expiration and not the extension.  This will require the filing of another extension petition, or you must travel and re-enter before your I-94 expires. Before re-entering on the basis of the old Approval Notice, please consult with International Faculty Advising (IFA) as soon as possible. 

As an H-1B temporary worker, you must work only for the employer who filed the H petition under the same conditions described in the H-1B petition (e.g. title, duties, hours, campus). 

It’s important to inform International Faculty Advising (IFA) of any job changes before they occur. Changes that need to be reported include your job title, duties, work location, salary (excluding annual increases), and other relevant details. For specific guidance, please consult with International Faculty Advising (IFA).

If your employment with Penn State ends, then you must leave the U.S. or another employer must file another H petition on your behalf for the new employment. 

An H-4 dependent spouse or child is only in status while the H-1B is in status.

You are required by U.S. law to report a change of address to USCIS within 10 days of the change. You can file your change of address with USCIS online.

As an H-1B temporary worker, you are admitted only until the end date listed on your most recent I-94. The U.S. Citizenship and Immigration Services (USCIS) must receive your extension of stay before the expiration date on the I-94.  This extension of stay may be filed up to six months before the I-94 expiration date. If you wish to apply for an extension, you should contact International Faculty Advising (IFA) at least six months before your current stay expires.  Please note that as an H-1B temporary worker, you can remain in this visa class for up to six (6) years only, unless you are at a certain point in a green card application.

As an H-1B temporary worker, you automatically extend your employment authorization when you extend your stay in this visa class.  As long as you file your application for extending the stay promptly (before your current status expires), you may continue employment for the same employer while the request for extension is pending with USCIS for up to 240 days beyond the expiration of the prior period of stay.

H-1B status is generally granted for up to six (6) years, divided into increments of no more than three years at a time. If you spend time outside the United States during this six (6) year period, you are not considered to be “in” H-1B status, and you may be able to recapture that time by providing proof of your physical absence from the U.S. Sufficient documentation must be provided to establish your eligibility. Additionally, it is possible to extend beyond the six (6) year limit if you are at a specific stage in the employment-based green card process. If no other extension options are available, a foreign national may become eligible for H-1B status after residing abroad for a full year. 

Dependents of the H-1B temporary worker are in H-4 status. 

If your dependent is outside of the U.S., the only document required from International Faculty Advising (IFA) for their visa application is the H-1B approval notice. No additional documentation or petition is needed. (Citizens from Canada and Bermuda are exempt from the visa requirement.)
H-4 dependents cannot be employed, unless the principal H-1B has an approved I-140 petition.
H-4 dependent extensions are usually filed at the same time as your H-1B extension by completing a separate I-539 form. Work with your International Faculty Adviser to concurrently file, if desired.
H-4 applications are not always adjudicated with the H-1B petitions.  This means that your H-1B could be approved months before your H-4 dependent.
H-4 children may attend school. However, they must obtain their own status by the time they are 21 years old.
Please note that International Faculty Advisers are not immigration attorneys, so we are unable to offer specific guidance or assistance to your dependents regarding immigration matters.