Information for International Scholars at UNLV

H-1B Questions

1. I moved to a new address. Do I have to report this to the immigration service?
2. I am traveling outside the U.S. for a short trip. What documents do I need in order to come back to the U.S.?
3. I changed my status to H-1B within the U.S. and am planning a short trip to Canada. I don’t have an H-1B visa in my passport. Do I have to apply for an H-1B visa at the U.S. Consulate while I am in Canada?
4. My H-1B visa will expire soon, but my H-1B Approval Notice is still valid for another year? What should I do?
5. I have heard that I can extend my H-1B visa stamp in my passport while inside the U.S. Is this true?
6. I would like to bring my spouse and children to join me in the U.S. What do I need to do?
7. My spouse would like to work. Is this allowed?
8. How do I get an extension of my H-1B?
9. I have an opportunity to give a lecture at another institution. They will pay me for speaking. Can I do this?
10. I am in H-1B status at UNLV and have been offered a position at a different employer. Can I transfer to my H-1B status to another institution? How do I do this?
11. I am working full-time on my H-1B at UNLV and I have been offered a part-time position off-campus at a different employer. Can I work at both my full-time job at UNLV and a part-time job at a different employer? What should I do?
12. I would like to apply for a “green card” or U.S. permanent residency based on my employment at UNLV? What should I do?

1. I moved to a new address. Do I have to report this to the immigration service?

Yes, all foreign nationals (including U.S. permanent residents) who are physically present in the U.S. must notify U.S. Citizenship & Immigration Services (USCIS) of any change in their residential address. To satisfy this requirement, you and each of your H-4 dependents must complete a separate Form AR-11 (Form AR-11SR if you are subject to Special Registration) and submit it to USCIS within 10 days of the move. See the Change of Mailing Address Requirement information for links to the forms and instructions. Please remember to also give the Office of International Students and Scholars your new address.

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2. I am traveling outside the U.S. for a short trip. What documents do I need in order to come back to the U.S.?

You need the original H-1B Approval Notice (I-797), a copy of the H-1B petition, a valid passport, and an unexpired entry visa. You may also want to take a copy of your most recent contract. If your H-1B visa stamp in your passport is still valid and is for multiple entries, you do not need to apply for a new visa at the U.S. consulate or embassy while you are outside the U.S. If your H-1B visa has expired or was valid for only one or two entries, and you have used those entries, you will need to visit the U.S. consulate or embassy to apply for a new visa in order to re-enter the U.S.

If you are traveling to Canada or Mexico for less than 30 days, your H-1B visa does not have to be valid (unexpired) in order to re-enter the U.S. You may, however, need a visa to enter Canada or Mexico. You should check with the consulate or embassy of the country you will visit to find out which countries need entry visas. To re-enter the U.S. from Canada or Mexico, you will need the original H-1B Approval Notice (I-797), your valid passport with your expired or unexpired visa in it, and your I-94 card (do not give this up when you leave the U.S.). You may also want to take a copy of the H-1B petition and a copy of your most recent contract.

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3. I changed my status to H-1B within the U.S. and am planning short trips to Canada and Mexico. I don’t have an H-1B visa in my passport. Do I have to apply for an H-1B visa at the U.S. consulate while I am in Canada or Mexico?

No. As long as you stay in Canada or Mexico for 30 days or less, you do not need to apply for an H-1B visa in order to re-enter the U.S. You will need to show the visa (expired or still valid) in your passport for the category in which you last entered the U.S. The visa for your previous category is considered “converted” to the proper visa category (H-1B in your case) as well as “extended” to allow for re-entry if it is expired. Make an appointment with the International Scholar Advisor in the Office of International Students and Scholars to make sure you have the proper documentation before you leave for your trip.

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4. My H-1B visa will expire soon, but my H-1B Approval Notice is still valid for another year? What should I do?

The purpose of the entry visa in your passport is to help you enter the U.S. It does not determine how long you can stay in the U.S. As long as you remain in the U.S., you only need to extend your H-1B Approval Notice (I-797) and passport. Therefore, the entry visa in your passport can expire once you have entered the U.S., without any effect on your legal status. You need to renew it only if you leave the U.S. and want to return in the same status. At that point, you will need to visit a U.S. consulate or embassy outside the U.S. and apply for a new visa.

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5. I have heard that I can extend my H-1B visa stamp in my passport while inside the U.S. Is this true?

Yes, it is possible for H-1B scholars who have an expired H-1B visa in their passport to “revalidate” or apply for a new H-1B visa within the U.S. Your passport must be valid for at least 6 months and it must contain a previous H-1B visa stamp. The H-1B visa may be revalidated if it has a remaining validity of not more than 60 days, or it has not been expired for more than one year. Please go to the U.S. Department of State web site for more information: http://www.travel.state.gov/hlop.html.

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6. I would like to bring my spouse and children to join me in the U.S. What do I need to do?

Only spouses and children under the age of 21 are eligible for an H-4 dependent visa. Other family members who want to visit you in the U.S. have to apply for a tourist visa. Make an appointment with the International Scholar Advisor in the Office of International Students and Scholars to find out what documentation is needed in order for your spouse and children to apply for H-4 visas.

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7. My spouse would like to work. Is this allowed?

H-4 dependents are NOT allowed to work in the U.S. and they cannot be granted employment authorization. However, if an H-4 dependent qualifies for his/her own H-1B, a change of status to H-1B is necessary before any such work can be started.

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8. How do I get an extension of my H-1B?

UNLV must apply for an H-1B extension for you BEFORE your current H-1B Approval Notice (I-797) expires. However, the application cannot be filed with U.S. Citizen and Immigration Services more than 6 months before your current H-1B status expires. Contact the Office of International Students and Scholars 6 to 7 months prior to your H-1B expiration date to apply for an extension. Note that individuals can only be in H status for a maximum of 6 years. Time spent in any other H category (such as H-4) is deducted from the available period of stay, unless you have been physically absent from the U.S. for at least 12 months.

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9. I have an opportunity to give a lecture at another institution. They will pay me for speaking. Can I do this?

Yes, you can give a lecture at another institution, but, NO, you cannot be paid for it. H-1B workers are permitted to give occasional speeches or lectures at another institution, but they cannot be compensated for these activities. However, you may be reimbursed for expenses incurred in connection with travel to other institutions or conferences. This is not considered employment, as long as the payments are truly reimbursements for expenses and are not disguised compensation.

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10. I am in H-1B status at UNLV and have been offered a position at a different employer. Can I transfer to my H-1B status to another institution? How do I do this?

Make an appointment with the International Scholar Advisor in the Office of International Students and Scholars for more information. Once an H-1B worker is in the U.S., he/she may decide to change employers. The procedure for a change of employer is the same as was done by the original petitioner (UNLV in this case). This means that your new employer will need to file an H-1B petition for you. You may be eligible for “portability” work authorization at the new employer. This means that the H-1B worker can start working at the new employer as soon as the new employer files an H-1B petition and receives a receipt from U.S. Citizenship and Immigration Services.

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11. I am working full-time on my H-1B at UNLV and I have been offered a part-time position off-campus at a different employer. Can I work at both my full-time job at UNLV and a part-time job at a different employer? What should I do?

Yes, this is called “concurrent employment.” H-1B scholars can work for several employers at one time, provided that each employer has an approved H-1B petition for the H-1B scholar in question. This means that the new employer who is offering you a position must file an H-1B petition for you. You may be eligible for “portability” work authorization at the additional employer. This means that the H-1B worker can start working at the additional employer as soon as this employer files an H-1B petition and receives a receipt from U.S. Citizenship and Immigration Services.

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12. I would like to apply for a “green card” or U.S. permanent residency based on my employment at UNLV? What should I do?

Make an appointment with the International Scholar Advisor in the Office of International Students and Scholars (OISS) for more information. Although OISS does not process permanent residency (PR) applications, we do provide referrals to immigration attorneys who specialize in academic PR and serve as a liaison between UNLV and the attorneys.

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