1. Keep your passport valid. Refer again to “Immigration Definitions”.

2. Notify the appropriate office if there is any change in address. All non-immigrants are required to notify the US Citizenship and Immigration Services (USCIS) within 10 days of a change of address. If you are in H-1 or O-1 status, notification is accomplished by completing Form AR-11 and mailing the completed form to USCIS. It is advisable to send the AR-11 by certified mail, return receipt requested. If you have undergone Special Registration (SR) at a United States Immigration and Citizenship Services (USCIS) district office or a Port of Entry, you must follow SR instructions and file Form AR-11SR as required.

3. Accept no employment of any kind other than that which is authorized by your H-1 or O-1 petition. H-1 and O-1 status are employer-specific and, as such, do not allow you to accept compensation, including honoraria, from any other entity. You may have more than one employer at the same time, but each employer must file an H-1 or O-1 petition for you.

4. Never stay in the United States beyond the date shown on your I-94 card. Your status is dependent upon your continued employment. If you complete your purpose for being in H or O status earlier than the date indicated on the I-94 card, you are no longer maintaining your status and must leave the United States earlier. There is no grace period for H-1 and O-1 status.

Two exceptions that allow you to remain in the United States with an expired I-94 card are :

• when a timely petition to extend your H-1 or O-1 status has been filed and the petition is pending with USCIS.
  
  
• when a timely application for a change of status has been filed and is pending with USCIS. A change of status must be filed before the current status expires. This allows you to remain in the U.S. after the I-94 card expires while the application is pending, but does not allow you to work during this time.
  

5. Obtain extensions, as needed, of your permission to stay and work in the United States. H-1B1: Those in H-1B1 status are allowed to stay a total of six years* in H status but will be approved for a maximum of only three years at a time. The earliest a petition to extend H-1 status can be filed is six months in advance of the expiration of the current approved petition. Departments are advised to apply for the extension early on as processing time by USCIS cannot be predicted or guaranteed. The H-1 petition for extension is the same as the original, except that you do not need to include documentation relating to other non-immigrant status(es) you may have held prior to H-1, and that all prior H-1approval notices (form I-797) should be included. If you have any dependents with you in H-4 status, they must have their status extended as well. An additional form I-539, and fee, must be included with your extension petition.

If a timely extension is filed (i.e. before the expiration of the current status), regulations allow individuals in H-1 status to continue to work for the same employer for up to 240 days while the extension petition is pending at USCIS. You will need to complete a new I-9 form with your department manager so that your salary is not interrupted.

*An exception to the 6-year limitation applies to individuals who have part of an employment-based application for permanent residency (labor certification, I-140, or I-485) pending at least 365 days by the end of the sixth year.

O-1: O status can initially be granted for three years and can be renewed indefinitely in one-year increments by application to USCIS. The earliest a petition to extend O-1 status can be filed is six months in advance of the expiration of the current approved petition. Departments are advised to apply for the extension early on as processing time by USCIS cannot be predicted or guaranteed. The O-1 petition for extension does not need to include all the same documentation as required by the original. You should, however, update your C.V. and publications list, and include copies of one or two new publications, if available. If you have any dependents with you in O-3 status, they must have their status extended as well. An additional form I-539, and fee, must be included with your extension petition.

6. Have an H-1 or O-1 petition filed by each concurrent or subsequent employer. Since H-1 status and O-1 status are employer-specific, an H-1B or O-1 petition approved for Columbia cannot be used to work anywhere else. A subsequent employer must also file an entire, new petition for you.

There is a "portability" provision in H-1 regulations which allows an applicant who is already in H1B status to begin working at the new employer as soon as that employer receives a notice of receipt for their H1B petition from the USCIS. This means that employment can begin before the processing and approval of the petition is complete. Portability does NOT apply to O-1 status. An individual in O-1 status must wait for the subsequent employer's O-1 petition to be approved before they can begin to work there.

7. If there are any changes contemplated to your employment or program, e.g. salary, title or rank, funding, department, or immigration status, you must notify the ISSO or the IAO immediately. Also, the ISSO needs to be informed if you are leaving Columbia before the completion date of your approved petition.

8. Columbia-sponsored H-1 visitors may engage in clinical research and patient care services ONLY if DHS has been notified and licensure and exam requirements have been met. Contact the IAO for further information.

Last Reviewed: 22 February 2011 Last modified: 22 February 2011
International Students and Scholars Office
Columbia University