What H-1B Employees Should Know About Maintaining Status

Maintaining your H-1B visa status is essential for staying employed and compliant with U.S. immigration laws. Failure to follow the rules can lead to serious consequences, including losing your job or facing deportation. 

It's important to stay informed and proactive with various factors like job changes, extensions, and travel that can impact your visa status. In this blog, we'll walk you through the key aspects of maintaining your H-1B visa status, including important requirements and common pitfalls to avoid. By understanding these essential steps, you can ensure that your visa remains valid and avoid any potential issues down the line.

What Is a H-1B Status?

H-1B status refers to your legal standing in the U.S. as an H-1B visa holder. It determines whether you are authorized to work for your sponsoring employer under the terms approved by USCIS. Your status is tied to factors like your employment, visa expiration dates, and compliance with immigration regulations.

Now that we've discussed H-1B status, let's discuss how to maintain it while working in the U.S.

How to Maintain your H-1B Status?

Maintaining your H-1B status is critical to staying compliant with U.S. immigration laws and avoiding complications like visa revocation or denial of future extensions. Losing status can impact your ability to continue working, travel freely, or adjust to a different visa category.

As an H-1B employee, you have a few key obligations to keep your status in good standing:

• Maintain a valid passport at all times.
• Work Only for Your Approved Employer – Your visa is tied to a specific employer and job role. Any changes, such as switching employers or significant job modifications, require an H-1B amendment or transfer.
• Stay on Top of Your Visa Expiry Date – Stay within the dates specified on your Form I-797 (H-1B Approval Notice) and the most recent Form I-94 record of arrival. If you're seeking an extension, your employer should initiate the request with USCIS six months before your current status expiration.
• Work only at the location specified in the Labor Condition Application (LCA).
• Work only during the period of validity listed on your approved H-1B petition and LCA.
• Follow Immigration and Employment Rules – Unauthorized work, extended travel, or non-compliance with visa terms can lead to status violations.
• Notify USCIS and your employer of any change of address within 10 days by filing Form AR-11.

Failure to comply with these requirements can result in being considered out of status, potentially requiring you to leave the U.S. 

Maintaining your H-1B status is key to staying in compliance with U.S. immigration laws.  However, there are some important legal considerations to keep in mind, especially when it comes to volunteering.

Legal Considerations for Volunteering on an H-1B Visa

When it comes to volunteering under an H-1B visa status, things aren’t as simple as just offering your time for free. Both immigration and employment laws come into play, and violating them can put your visa status at risk.

The general rule is that H-1B holders are only authorized to work for their sponsoring employer. That means taking on any kind of unpaid work outside of that—whether it's a side project or something for another organization—can be problematic if it resembles a role that would typically be paid. U.S. labor laws prevent any individual, regardless of immigration status, from “volunteering” for a position that normally comes with compensation. This is to ensure fair labor practices and prevent wage suppression.

On a similar note, unpaid internships can also have specific criteria. Let’s understand them better. 

Criteria for Engaging in Unpaid Internships

Not all unpaid work is off-limits. The Department of Labor has specific criteria to distinguish legitimate volunteer work from unauthorized employment. Generally, volunteering is allowed if:

• The organization is a recognized nonprofit, religious, or charitable institution.
• The role is truly voluntary, with no expectation of future payment or employment.
• The work does not replace a paid position or provide direct economic benefit to a business.

Unpaid internships have stricter regulations compared to volunteer work. They are as follows: 

• An internship may be allowed if it primarily benefits the intern.
• It must provide training similar to an educational setting.
• The employer should not derive direct economic benefit from the intern’s work.
• If an H-1B holder performs tasks that resemble free labor for a company, it may be considered unauthorized employment.

Volunteering: What’s Allowed and What’s Not

Not all volunteer work is allowed under H-1B visa status—here’s what you need to know.

• You can volunteer in an unpaid role, such as at museums, schools, churches, or non-profits.
• You cannot work unpaid at a for-profit company or for free in a position that would typically be paid.
• Trial work or “volunteering” while waiting for an H-1B start date is prohibited and is considered unauthorized employment.

Next, let’s dive into the risks of unauthorized employment, which can seriously impact your H-1B status and potentially jeopardize your visa.

Risks of Unauthorized Employment

Maintaining your H-1B visa status means strictly following employment rules. Any work done outside of your approved H-1B position—whether paid or unpaid—can be considered unauthorized employment. Even an unintentional violation can have serious consequences.

Consequences of Unauthorized Work

• Visa Revocation – Engaging in unauthorized employment can result in the termination of your H-1B status.
• Future Immigration Issues – USCIS may deny extensions, green card applications, or future visa petitions.
• Employer Penalties – The company that allowed or overlooked unauthorized employment could also face penalties.

If you’re unsure whether an opportunity is allowed under your visa, consult a trusted immigration attorney or advisor. Keep yourself informed and always double-check before taking on any work outside your approved H-1B role.

It’s also important to keep up with any changes or updates in immigration policies to help you stay ahead. 

Monitoring Your H-1B Status After Approval

Maintaining valid H-1B status requires ongoing attention to particular requirements and timelines established by U.S. immigration law. Regular monitoring helps prevent unintentional violations that could affect both employment authorization and legal presence in the United States.

Understanding H-1B Validity Periods

H-1B status comes with some duration limits that must be carefully tracked:

• Initial H-1B status is valid for up to 3 years.
• Standard extensions can add up to 3 more years, for a total period of admission of 6 years.

Now, special extensions beyond the 6-year limit are available in specific circumstances:

• 1-year increments when a Form I-140 or labor certification was filed at least 365 days before the requested extension start date.
• 3-year increments when there is an approved Form I-140 but an immigrant visa number is not available.

When To Monitor H-1B Status

Several critical periods require particular attention to H-1B status:

• When approaching the I-94 expiration date, which may differ from the petition validity period.
• When changing job responsibilities, work locations, or employment terms with the current employer.
• When considering employment with a new employer.
• When a petition to extend status, change status, or adjust status has been filed on your behalf.
• Before and after international travel.
• After any employment interruption or termination.

Common H-1B Case Status Updates

Common H-1B case statuses include:

• Case Received: USCIS has received your petition and is processing it.
• Request for Evidence (RFE): USCIS requires additional documents or information to move forward with your petition.
• Case Approved: Your petition is approved, allowing you to proceed with employment.
• Case Denied: Unfortunately, your petition was denied, and you may need to explore other options or appeal the decision.

Where to Find Reliable Information

• USCIS Website: This is the official source for tracking your H-1B status and any related updates.
• Immigration Attorney: If your petition encounters delays or issues, consulting an immigration attorney is highly recommended. They can offer guidance, help resolve any problems, and explore alternatives like appealing a denial or identifying other visa options.

By staying proactive and informed, you can ensure that you’re on top of your H-1B status and prepared to address any challenges that arise. Regularly checking your status is key to smoothly navigating your visa process.

And if you ever need extra guidance, Alma can be your partner on the path to talent mobility.

How Alma Can Help You Stay on Track with Your H-1B Status

Managing your H-1B visa process can be complex, but Alma is here to simplify it. Here’s how Alma can support your H-1B journey:

• Accelerate Document Processing: We ensure your essential documents are processed swiftly and thoroughly, keeping your petitions on track and avoiding delays.
• Benefit from our Average Two-Week Turnaround: Plan confidently with our commitment to a guaranteed two-week processing time for petitions.
• Access Top-Tier Legal Expertise: Work with seasoned immigration attorneys specializing in employment-based visas, maximizing your chances of approval and maintaining compliance.
• Rely on Dedicated, Personalized Support: We understand your unique challenges and offer tailored solutions with individualized attention.

As your partner on the path to talent mobility, Alma ensures you stay informed about updates and addresses any issues promptly. Whether you’re facing delays or need help understanding case updates, Alma has you covered.

Get started with a free consultation and let Alma be your partner on the path to H-1B success—every pathway to talent acquisition.

Conclusion

Staying informed and proactive is essential when managing your H-1B status. In this blog, we’ve covered the importance of monitoring updates, understanding key status changes, and relying on reliable resources like USCIS and immigration attorneys to guide you through the process. 

To stay on track, regularly check your status, follow the updates, and contact us when necessary. These actions can help prevent delays and ensure your petition remains in good standing.

Start your journey with a free consultation, and let Alma be your partner on the path to talent mobility.

FAQs

1. What is H-1B visa status?
The H-1B visa status refers to the non-immigrant work authorization given to foreign nationals in specialty occupations. It allows you to work in the U.S. for a specific employer in a role that requires specialized knowledge or skills, typically a bachelor's degree or higher. It’s your way to legally live and work in the U.S. for a set duration.

2. How long are H-1B visas valid for?
The H-1B visa is initially valid for three years, and you can extend it for another three years, making the total duration six years. 

3. Can I expedite my H-1B visa processing?
Yes, you can expedite the process through premium processing. By submitting Form I-907 and paying an additional fee, you can speed up the USCIS processing time, which is typically 15 business days.

4. How long can I stay and work in the U.S. on an H-1B visa?
You can stay in the U.S. on an H-1B visa for a total of six years—three years initially, with the possibility of extending it for another three years.