H-1B Specialty Occupation

The International Services and Engagement Office is here to provide you with immigration advising for maintaining your legal status, as well as providing programs and advising that will help you not only adjust to living in the U.S. but to engage in rewarding experiences to remember for a lifetime. In generel, if you are in H-1B status must maintain the following documents:

Valid passport (must be valid 6 months into the future at all times)
Valid Form I-94 indicating H-1B
Valid H-1B approval notice (form I-797)

You are authorized to stay in the U.S. to work 100%, full-time in the UC San Diego position for which you were approved. Work only in the authorized place of employment and for the period approved on your Form I-797. If your job ends sooner than the Form I-797 end date, your status technically ends on the same day.

General responsibilities for maintaining H-1B status:

Change of Address

All international Faculty and Scholars must notify USCIS and ISEO of address changes within 10 days of the information changing, per immigration regulations.

Step 1: Notify ISEO of your change in address or contact information via iServices.
- If you need assistance accessing iServices please contact ischolars@ucsd.edu.
Step 2: Update your address or contact information in UCpath (ucpath.ucsd.edu)
Step 3: Notify USCIS, you are required by law to notify USCIS of any change in residential address within 10 days.

Reminder: ISEO has reported your worksites to the Department of Labor on your Labor Condition Application (LCA) and USCIS on Form I-129 (H-1B request). If you are planning to move and work outside the metropolitan statistical area(s) reported on the LCA and Form I-129, please contact your Scholar Services ISEO advisor first to discuss whether an H-1B amendment will be required.

Change of Employer/Portability

Change of employer/portability - It is possible to “port” or “transfer” your H-1B status to another employer/institution.

Please note that employment should be continuous from UC San Diego to another employer and you must otherwise maintain your immigration status. During the transition to the new employer, you will be able to remain in the U.S. and work for 240 days, if the new employer has filed the new H-1B request in a timely fashion. Please consult with your new employer for exact details on this process.

Concurrent Employment

Concurrent employment - While it is possible to have H-1B status with more than one employer at the same time, UC San Diego only supports H-1B petitions for full-time work.

The H-1B visa is employer- and position-specific. UC San Diego requires H-1B employees to maintain 100% employment with the university. If you wish to work for another employer, a separate change of employer H-1B petition must be filed by that employer.

Employment and Job Changes

Job changes - If there are any significant proposed changes in your job duties, responsibilities, salary or work site, notify your advisor at the Scholar Advisor immediately. An amended H-1B petition may be necessary.

Substantive changes in H-1B employment must be submitted to USCIS via an amended petition received before the change in employment circumstances occurs. Substantive changes include:

transitions between represented and non-represented positions
shifts between different represented positions
changes in duties such as from research to teaching or from research to clinical care.
adding a worksite outside of the metropolitan statistical area reported on the Labor Condition Application (LCA) and Form I-129 (H-1B request)
significant change in salary, a normal stepwise progression within an employment series does not require an amended petition

For amendments, employment authorization is retained as long as USCIS receives the petition at least one day before the current H-1B end date or before the start of the requested changes (for an amendment). USCIS does not need to approve the petition before the new H-1B status or changes go into effect, but the petition must be received by USCIS at the specified time.

Occasional Lectures and Consultation

Occasional lectures and consultation - An H-1B may not consult outside of UC San Diego unless employed by an additional, concurrent employer.

In regards to occasional lectures, this is possible as long as you do not receive compensation.

Please refer additional questions to an Scholar Advisor.

Recapture

Recapture - Time spent outside the U.S during the six years of H-1B can be recaptured. Keep records (I-94 travel history, entry stamps, exit stamps, boarding pass, itineraries, etc.) of any significant amount of time that you are outside of the U.S. while on H-1B status. Prior to submitting the H-1B recapture request, consult with an Scholar Advisor to determine if you are eligible.

Study

Study - An H-1B may enroll in classes as long as they are incidental to full-time employment.

Taxes and Your Glacier/UCPath Information

Taxes - Individuals in H status are required to file both state and federal taxes annually. If you are extending or changing your nonimmigrant status you must update your Glacier and UCPath information so the institution can properly apply tax treaty benefits and withholding from your paycheck.

For additional information visit tax resources.