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H-1B Specialty Occupation

The International Faculty & Scholars 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 general, a non-immigrant must maintain the following documents:

  • Valid passport
  • Electronic or paper Form I-94
  • Entry stamp
  • Related immigration document (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 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 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

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.

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 International Faculty & Scholars Office immediately.  An amended H-1B petition may be necessary.

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 International Faculty and Scholars Office 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 International Faculty and Scholars Office 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

Taxes - Individuals in H status are required to file both state and federal taxes annually.

For additional information visit http://ifso.ucsd.edu/living-in-sd/taxes/index.html