Status Requirements

H-1B Nonimmigrant Status Requirements

In order to maintain valid status as an H-1B nonimmigrant employee of the University of Arkansas, you must:

  • Work ONLY in the position, duties, and location specified in the University's H-1B petition on your behalf. You may NOT accept compensation, including honoraria, from any other employer or organization not specifically named in the University's H-1B petition for you. You must not begin a new position at the University, including a promotion to a new title and/or job duties, or a change in hiring department, until the University of Arkansas has filed a new/amended H-1B petition on your behalf for the new position, if needed.
  • Maintain your employment, or depart the United States in a timely manner. If you resign your position at the University, or if you are terminated by the University, your H-1B status ends on the last day of your employment. If your employment ends before the end date on the H-1B Approval Notice, you may technically be considered out of status if you are present in the United States the day after your employment ends. If your employment ends on the same date as the end date on the H-1B Approval Notice, check your I-94 to see if you have been given a ten-day discretionary period to prepare to depart the United States (these are only given at the port of entry when you enter the United States, and are not always given). There is no  regulatory "grace period" for H-1B status.
  • Ensure that your H-1B Approval Notice does not expire. Make note of the date your H-1B status is set to expire; if you have H-1B eligibility remaining at the end of the period, please be sure to ask your department to initiate the H-1B extension process with the Office of the Associate General Counsel at least three to six months before the H-1B end date.
  • Maintain a valid passport at all times. Generally speaking, your passport should be valid at least six months into the future at all times. If your passport is within six months of expiry and you will not be traveling to your home country to extend it, contact your country's embassy in the United States to see how you may extend your passport in the United States. Any time you obtain a new or extended passport, you must provide a copy of the new documentation to the Office of the Associate General Counsel.
  • Maintain a valid I-94 at all times. If you obtained H-1B status through change of status within the United States, your I-94 was provided as part of the H-1B Approval Notice. If you enter the United States to obtain H-1B status, your I-94 is issued at the time you enter the U.S., and may be accessed at www.cbp.gov/i94. Each time you travel and make a new entry to the United States in H-1B status, you must provide a copy of your new I-94 to the Office of the Associate General Counsel so that we may ensure that the record is correct and address any problems immediately should they arise.
  • Report any changes in your living address to Homeland Security promptly . Any time your living address changes, you must notify the Department of Homeland Security by submitting a Form AR-11 to USCIS. This must be done within TEN DAYS of moving. Also, please be sure to keep your address updated on University systems such as Workday.

If you have questions about any of these requirements, please contact the Office of the Associate General Counsel.