H-1B Case Types

Expand all

Consular Notification

Individuals who are not in the U.S., and who will come to the U.S. in H-1B status to begin the job, are designated for consular notification. In certain instances, individuals who will travel internationally upon completion of a previous immigration status and prior to starting the new H-1B status are also assigned to this case type. Applications that are submitted for consular notification receive an I-797B Approval Notice.

As explained on the H-4 Dependents page, when a case is designated for consular processing, dependents are not included in the application.

Upon Approval

Employees can enter the U.S. no more than 10 days before the start date listed on the I-797B Approval Notice. See Travel page for information about U.S. embassies, wait times for visa appointments, and preparing for visa interviews.

Upon arrival in the U.S., employees are required to present a copy of the Form I-94 (available online) and are invited to schedule an optional appointment with an H-1B Advisor.

Employees who are new to the Twin Cities area may be interested in the Office of Human Resources Relocation Assistance Program. Additional information about campus and local resources is available on the ISSS website.

Employees must complete a Form I-9 prior to their employment start date.

Change of Status

Employees already in the U.S. on another nonimmigrant status may be able to change status to H-1B. Employees and departments should consult closely with ISSS about the timing of the change of status and the job start date, any international travel during this period, and eligibility factors such as:

  • Whether the employee is subject to the J-1 two-year home country requirement (see Students, Scholars, or Student-Interns)
  • Whether the employee is currently working at the U of M, and if so, whether the job title will remain the same or change for the H-1B application
  • Whether the employee has maintained his/her current legal status (this is required to be eligible for a change of status)

Upon Approval

Employees who are new to the Twin Cities area and/or unfamiliar with H-1B status requirements are invited to schedule an optional appointment with an H-1B Advisor. Employees may be interested in the Office of Human Resources Relocation Assistance Program. Additional information about campus and local resources is available on the ISSS website.

Employees must complete a Form I-9 prior to the I-797 Approval Notice start date.

Extension

H-1B status may be extended for current UMN employees who have not used the full 6 years of available H-1B status. This is a cumulative total, inclusive of all H-1B employers. Under certain conditions, it is possible to obtain H-1B extensions beyond the 6-year maximum for an individual who has begun the process of filing for U.S. permanent residence. Please consult with ISSS about particular cases.

UMN Procedures Upon Submission of Petition

If the UMN has filed the extension application before the expiration of the current H-1B status, the employee may continue working for a period not to exceed 240 days beginning on the date of expiration of the previous H-1B status. When the H-1B petition has been sent to USCIS, ISSS will input a 240-day grace period (Renewal in Progress) into the Visa Permit Data panel of PeopleSoft on a future-dated row. This will allow payroll to see that the extension application is pending.

Please note: Due to the fact that the Renewal in Progress is shown on a future-dated row, the employee will continue to show up with an expiration date on the Payroll Foreign National Expiring Warning Report until the last day that their previous H-1B status is valid. Department payroll staff may, therefore, wish to view the individual Visa Permit Data panel to make sure Renewal in Progress has been entered by ISSS.

Upon Approval

After the I-797 Approval Notice is received, the employee must complete a Form I-9 prior to the I-797 Approval Notice start date (or immediately, if the I-797 Approval Notice start date has passed).

Transfer

Portability is the official term used by USCIS when an employee already holds H-1B status and "transfers" from one employer to another. In order for the employee to begin working for a new employer, that employer must file an entirely new H-1B petition prior to the expiration of the first H-1B. In most cases, having one H-1B petition approved will not make it any easier to get a second approval. Employees and departments should consult closely with ISSS about the timing of the transfer and about any travel outside of the U.S. during this period. Employees should not finalize their employment end date with their current employer until the UMN start date has been approved by ISSS. Employees should avoid a gap in between H-1B employers whenever possible.

UMN Procedures Upon Submission of Petition

An employee may begin working on the requested H-1B start date if the UMN has filed the H-1B petition with the USCIS. It is not necessary to wait for the petition to be approved. The employee can complete a Form I-9 using the USCIS receipt for the new petition along with their passport, Form I-94 and original I-797 Approval Notice from the previous employer.*

Employees who are new to the Twin Cities area and/or who would like to discuss H-1B status requirements are invited to schedule an optional appointment with an H-1B Advisor. Employees may be interested in the Office of Human Resources Relocation Assistance Program. Additional information about campus and local resources is available on the ISSS website.

Upon Approval

After the I-797 Approval Notice is received, the employee must complete a Form I-9 prior to the I-797 Approval Notice start date (or immediately, if the I-797 Approval Notice start date has passed).

*If the initial I-9 is completed while the transfer application is pending, the employee will need to complete another I-9 upon approval of the H-1B transfer application.

Last updated: June 4, 2021