H-1B Specialty Occupation
The International Center 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.
We hope that your visit will prove rewarding, both professionally and personally.
General responsibilities for maintaining H-1B status
- Employment: 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.
- Job changes: if there are any significant proposed changes in your job duties, responsibilities, salary or work site, notify IFSO immediately. An amended H-1B petition may be necessary.
- 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 IFSO advisor.
- Recapture: keep records of any significant amount of time that you are outside of the U.S. while on H-1B status. It may be possible to request an extension of your H-1B status by the total amount of days you were outside of the U.S.
- Study: an H-1B may enroll in classes as long as they are incidental to full-time employment.
- Taxes: individuals in H status are required to file both state and federal taxes annually.
Change of Employer/Concurrent Employment
- Change of employer/portability: it is possible to “port” or “transfer” your H-1B status to another employer/institution. Please note that employment must 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 continue working 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: it is possible to have H-1B status with more than one employer at the same time. Each employer would need to file an H-1B petition with USCIS in accordance with proper procedures.