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Maintaining immigration status

As an H-1B worker, you must maintain your immigration status by following these guidelines:

  • Engage only in the activities identified on your H-1B petition (see employment information for details about change of employer or terms)
  • File appropriate extensions
  • Refrain from unauthorized employment
  • Maintain a valid passport

Because a valid passport is required at all times, it is your responsibility to renew or replace a passport in a timely fashion and to provide evidence of the renewal or replacement to the International Center.

Extension of stay

The length of time you may remain in the U.S. in H-1B status is indicated on the approval Form I-797A and your I-94. The host department should request an extension of stay at least 120 days before expiration of the current H-1B. The department must contact the H-1B adviser and provide the supporting documentation and filing fees for the petition to USCIS. The maximum length of stay for an H-1B worker, including extensions, is six years.

Initial H-1B visa stamp and visa revalidation

If you have changed your nonimmigrant status while in the United States and have not obtained an H-1B visa stamp in your passport, or if your H-1B visa stamp has expired, please see the information about travel outside the United States.