H1B1 Visa Information

The H-1B Temporary Worker status is a nonimmigrant immigration classification used to hire a foreign national professional for a temporary period of time.  H-1B status is typically for faculty and academic staff positions. The H-1 B status is employer-specific. There must be an employer/employee relationship with the employer filing for H-1B status on behalf of the employee. The OISS does not provide any documents for H1 visa and please contact the sponsored department and human resource office for how to get/apply H1 visa. Some of useful questions related to H1 visa as follow:
 

1. For how long can one have H-1B status?
   
   H-1B status is initially granted for a maximum period of three years and can be extended to a total of six years (regardless of the number of employers.)
    
2. Is the H-1B status valid for any employment at URI?
   
   No. The H-1B is valid ONLY for the position stated on the H-1B petition. The person holding H-1B status cannot accept any other employment in or out of the University.
   
   
3. Can a person who holds H-1B status change employers?
   
   If an individual holds H-1B status and wants to change employers, the new employer must file a new H-1B petition. However, this must be done within the total six-year limit. The individual may begin working for the new employer, under a new "portability" regulation (AC21), as soon as the new employer has filed their petition, and received Immigration's official notice of receipt.
    
4. Can a person in H-1B status give the occasional lecture at an institution other than his or her place of employment?
   
   Persons in H-1B status may give seminars and lectures at other institutions, if the activity is incidental to his or her employment at URI. However, no honorarium, wage, salary or material gain may be derived from these activities. Reimbursement for transportation and reasonable living expenses is permissible.
    
5. What happens if there are changes in the terms of employment after the initial filing and approval?
    
   If there are changes in the terms of employment (including promotions, changes in duties, or change of departments), you must first consult with the OISS to determine whether an amended or new petition must be filed. If an amended petition is required, it will be necessary to initiate a new H-1B application.
    
6. Can a person have more than one H-1B petition at one time?
   
   Yes. An individual may have multiple H-1B petitions at any one time. However, each employer must petition for the H-1B status.
    
7. What happens if my employment terminates?
   
   The H- lB status is an employment-based status. As such, this status immediately ends on upon termination of employment. Although the Form I-797 (USCIS approval notice) may indicate a date well into the future, it will become invalid upon termination. If you are moving to another employer, the new employer must file (and Immigration must receive) the new petition BEFORE the date of termination.
    
8. Can the USCIS process be expedited?
   
   USCIS now offers expedited processing in the case of certain petitions. The USCIS Premium Processing Unit guarantees review of cases submitted, within 15 calendar days of the receipt of the application. The request for premium processing can take place at the time the H-1B application is filed, or, during the pending petition process, once the official receipt notice arrives. Either the hiring department or the applicant may pay the fee for this service, which is $1,000. This fee is "in addition to" the standard processing fee of $190. Please see USCIS web site for the latest fee.
    
9. I heard that the number of H1 visa is limited. Will that affect on H1 visa application through URI?
   
   URI H1 visa application does not relate with H1 visa quota because it appears as high educational and professional status. 

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This site was last updated on Aug 30, 2006 . Questions or Comments?