Background Image

Maintaining Legal Status

In this Section

The H-1B is considered an "employer specific" status.

  • H-1B employees may not accept compensation from any other employer or entity other than those named in the original H-1B Petition.
  • Employees in H-1B status, who are invited to give a lecture off-campus, collaborate or conduct research with other schools/universities can receive reimbursement for reasonable living and transportation costs only.

In order to remain in legal H-1B status, the employee must maintain each element of the original application including:

  • salary
  • full-time or part-time status
  • work location
  • field of specialty
  • job description
  • and other job conditions that may apply

Finally, it is important to note that all non-immigrant visa holders are required to notify US Citizenship and Immigration Services (USCIS) within 10 days of a change of residential address.  The change of address can be done via US Citizenship and Immigration Services (USCIS) website.  In addition, please contact the Human Resources (HR) Department if there is a change of address so that our records can also be updated.

Traveling Outside the U.S.

When a foreign national is in an H-1B status…

  • All foreign nationals and family members planning to depart temporarily from the U.S. and return to Clarkson must have a valid passport in order to exit the U.S. The passport must also be valid for a minimum of six months into the future at the time of re-entry to the U.S. There are only a few exceptions to this passport rule.
  • In addition, those holding H-1B status who seek readmission back to the U.S. from international travel must possess an H-1B Approval Notice, along with the H-1B visa stamp obtained from a U.S. Consulate/Embassy located outside the U.S.
  • Please contact the Human Resources (HR) Department if you have any questions as the foreign national employee could encounter significant wait times when applying for a visa to the U.S at the embassy/consulate abroad.  Please consider that these wait times may impact your employment in that you may be delayed in resuming your job duties.

When a foreign national is not currently in H-1B status…

  • A foreign national who is not currently in H-1B status cannot leave the U.S. once the H-1B petition is filed with US Citizenship and Immigration Services (USCIS).  If the person leaves while the initial H-1B is being processed, he/she will have to apply for the H-1B visa at a U.S. Consulate abroad rather than having his/her stay changed in the U.S. USCIS considers leaving the U.S. while the petition is pending to be an abandonment of the petition.