H1B Status Violations

In addition to the requirements of ALL non-U.S. Citizens discussed here all H1B workers who are sponsored by LSUHSC in H1B status must comply with the following.

Failure to comply with the following will be considered violations of H1B status.

Work Only as Authorized

H1B workers are authorized to work only for the entity that sponsors their H1B. If LSUHSC New Orleans sponsors your H1B, you are only permitted to perform work for LSUHSC New Orleans. Occasionally, HSC employees may be invited to give a presentation or lecture at another institution or entity in exchange for payment. While it is permissible to do a lecture/presentation at another institution, and allow them to cover any expenses associated with the invitation, it is not permissible to accept payment of any kind from any entity other than LSUHSC New Orleans. Doing so is a violation of your H1B status and will be considered unauthorized employment. Adjunct/Gratis appointments at other institutions may also be considered unauthorized employment for H1B workers sponsored by HSC.

 

For your benefit and to protect LSUHSC from liability for unauthorized employment, it is extremely important that you notify the Office of International Services before there is any change in your salary, hours, work location, or duties. If your department would like to make any kind of change listed above, notify OIS before any change occurs. Failure to do so may result in you performing work that is not permitted by your H1B visa, a violation of your status and a liability for HSC.

 

In order to maintain your H1B status, you must maintain your employment, as indicated on your H1B petition. If an H1B worker resigns from their position or are terminated, they are considered out of status the day following their last day of work for their sponsor. An unofficial ten day grace period is granted to H1B workers to allow them to leave the U.S. after they fall out of status. This grace period is not official and it is not guaranteed, so any H1B worker who remains in the U.S. after separation from employment is technically out of status and risks being considered an overstay (with resulting 3/10 year bars) unless appropriate filings have been submitted to USCIS.

 

As an H1B worker sponsored by LSUHSC New Orleans you are authorized to work for LSUHSC New Orleans beginning with the start date on your I-797 Approval Notice. You are authorized to work through the day on the end date indicated on your I-797 approval notice. Occasionally, CBP officers will include an unofficial ten day grace period, allowed for H1B workers to depart the U.S., when they admit H1B workers, and will indicate this on the I-94. Be very cautious about this.

For example, An H1B worker is approved for H1B status from 1/1/2012-12/31/2012 as indicated on the I-797 Approval Notice. The CBP officer at the port of entry marks the I-94 with an end date of 1/10/2013, ten days after the H1B expiration allowing the grace period. Even though the I-94 indicates the person is admitted in H1B status until 1/10/2013, the person is not authorized to work past 12/31/2012, the end date on their approval notice from USCIS. Working past this date, even inadvertently, is unauthorized employment.

 

If you leave the United States and re-enter with a passport whose validity is less than the H1B approval period granted by USCIS, the CBP officer may limit your authorized period of stay to the date your passport expires, or for some countries up to six months before the passport expiration date. The date put on your I-94 card by CBP automatically changes your (and your H-4 dependents') period of authorized stay. It is mandatory that we are advised and provided a copy of each new I-94 issued to you so we can ensure you do not work without proper authorization and work to resolve any issues as soon as possible.