H-1B Employees
H-1B-sponsored employees have a six-year limit of continuous H-1B status.
Moving to a new sponsor does not extend this limit. Departing the U.S. for one year restarts the six-year limit.
H-1B-sponsored employees who travel abroad should take a copy of the entire H-1B approval and a short letter from the hiring department to verify current employment and to attest that employment is expected to continue upon the return of the employee.
If a new H-1B visa is required before re-entering the US, the H-1B-sponsored employee should arrange to come to this office to check out the original employer’s H-1B approval notice. Although the Form I-797 approval notice states that the employer should retain the top portion of the form, visa officers at U.S. consulates occasionally request to see the original. In addition to retrieving the I-797 (H-1B approval notice) from the Office of Global Engagement, the employee also should ask for a copy of the I-129 application and the Labor Condition Application.
Under a regulation called "automatic revalidation," an H-1B-sponsored employee may re-enter the U.S. with an expired H-1B visa after a trip solely to Canada or Mexico that lasted 30 days or less.
If the H-1B employee has changed employers since first entering the United States and has a valid visa annotated for the previous employer, the employee may re-enter the U.S. using that visa, provided he or she presents a valid I-797 H-1B approval notice for the new employer when entering the US.
Family Members, Guests of H-1B Employees
The expiration date of H-4 status is still valid after the H-1B employee changes H-1B sponsors.
Therefore, H-4 status often does not need to be extended when a new employer sponsors the H-1B employee. Later, H-4 status can be extended by a separate application or by re-entry into the US.
H-1B employees may wish to invite other family members or friends to visit them in Omaha. The appropriate type of visa for this purpose is a B-2 visa.
To request a B-2 visa, follow this method:
- The H-1B employee should write a short letter addressed to “Visa Officer.” In the letter, mention the following:
- How this person is related to you.
- The approximate month that this person would arrive in the U.S.
- How long the person will stay in the U.S.
- The address in the Omaha area where the person will stay, if staying with you.
- A copy of UNMC’s H-1B approval notice (Form I-797) and either a copy of a recent pay-deposit sheet or a short letter from your sponsoring department stating that your employment is current and expected to continue until the ending date of the H-1B approval notice. Your sponsoring department may also state that they plan to continue H-1B sponsorship if the current H-1B approval notice will expire soon.
This office does not provide an invitation to your relatives or friends because this is a personal invitation not related to an official visit to UNMC and because such a letter would not strengthen your case.