Now that your visa application is approved, it is very important that you maintain your status while in the United States. Failure to do so can result in revocation of your current status, denial of extension applications or other visa applications, an inability to re-enter the U.S. and ineligibility for a green card.

Following these simple tips will help you to remain in compliance. However, this list is not exhaustive. It is your responsibility to ask questions and to contact your immigration attorney well before making any employment or other decision that may impact your current immigration status. If you are not sure, then don’t make the change until you ask!

1.If you are in H-1B status, your employer (and yourself) must comply with the job details listed on the I-129 form and Labor Condition Application that was filed with your H-1B visa petition. Make an appointment with your employer, examine these two documents yourself and ensure that you are in compliance with the following: the hourly or annual wage, number of hours worked per week, job duties and job location. As a general rule, this information is contained on page 3 of the I-129 form and throughout the four page LCA document. In compliance with federal law, your employer must provide you with a copy of the LCA on or before your first day of work in your current status. If they fail to do so, please ask them for a copy.

2.Your underlying visa only allows you to work for the sponsoring employer. If you choose to work for any other employer, or for yourself, this is a violation of your status. This violation makes you ineligible to extend your status and may complicate your ability to obtain a green card or re-enter the U.S. after international travel. To avoid this problem, the second employer may also file a petition for you as DHS allows a person to have multiple work visas.

3.Pay your federal and state taxes as required by federal and state law. Please consult a competent tax attorney or preparer to verify the appropriate documents and exemptions suited to your visa status. F-1 students and J-1 trainees often have different exemptions than other non-immigrants-check with your accountant or sponsoring agency to ensure compliance.

4.If you are arrested, cited, charged, detained or convicted of anything but a minor traffic violation, please contact your immigration attorney immediately.

5.You must timely file an extension or change of status application. Your I-94 card determines when your status expires. Your I-94 card is either 1) the white card in your passport or 2) the bottom portion of your current visa approval notice if you have applied for a change or extension of stay since your last entry. Please check the date on your current I-94 card. You must either depart the U.S. by that date or have applied for an extension or change of status.

6.If you have obtained your current employment status by changing status within the U.S., you MUST obtain a new visa at a U.S. consulate on your first trip outside of the U.S. You will not be allowed entry to the U.S. without this new visa. As the process can be time consuming and requires significant preparation, contact your immigration attorney three months prior to your date of travel.

7.To obtain this visa, the person must apply at the U.S. consulate in their home country. The U.S. Consulate will generally issue a multiple entry visa that expires on the date the temporary employment will terminate. However, they sometimes issue a one time entry visa good for one month or that expires on the passport expiration date, if sooner than the employment termination date. This H-1B recipient may only apply for entry to the United States within the time periods listed on the H-1B visa. This visa does not guarantee entry to the United States. This visa does not determine the length of time a person may remain in the United States. All this visa does is allow the recipient to ask for entry to the United States at the port of entry (airport, seaport, land entry). At the port of entry, a DHS officer will then determine if the applicant is allowed to enter the U.S. and for how long. The officer will note the visa category and the final day of authorized stay on an I-94 card and then staple this card into the applicant’s passport. The H-1B visitor must leave the U.S. by the date listed on the I-94 card unless having applied for an extension or change of status to a new non-immigrant visa category.

8.Upon each entry to the United States, check the expiration date of your status as listed on your I-94 card. This card determines the length of time a person may remain in the United States, even if the officer makes a mistake!

You can greatly minimize unintentional status violations and complications by following the simple steps outlined here. However, this list is not exhaustive. For that reason, please contact your immigration attorney before making any employment decisions or travel plans, as this will increase your ability to maintain a clean immigration record while in the U.S.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.