H1B PostHire Issues

1
H-1B Post-Hire Issues

• ISSP Brown Bag Lunch Series
• February 21, 2007

2
Issues after H-1B Approval

• Lateral Transfer
• Promotion
• Normal promotional track
• Non-standard (requires amendment)
• Termination of employment
• Change in FTE (full-time to part-time, vice
  versa)

3
Lateral Transfer

• Notify ISSP in advance of a lateral transfer
• Email ISSP the information on which department
  H-1B employee will transfer from and to, with
  title and salary information
• ISSP will respond via email to confirm that the
  transfer is acceptable (no amendment needed)
• Prepare letter to ISSP
• Letter from new supervisor
• See template on ISSP website

4

• Complete lateral transfer form
• Supervisors name and contact information
• Administrative contacts name and contact
  information
• Location and address of employment
• Salary
• Title
• Upon receipt, ISSP will update i1440 with new
  contact information, place of employment, and
  salary

5
(No Transcript)
6
Promotions

• ISSP must be notified in advance of promotion.
• Complete promotion form and send to ISSP
• ISSP will respond with required next step
• Standard promotional track requires letter of
  notification (template on ISSP website)
• Any deviation from standard track will require an
  amendment to be filed with USCIS

7
(No Transcript)
8
Early Termination

• Early termination is defined as cessation of
  employment more than 30 days before end date of
  H-1B.
• ISSP should be notified as soon as possible
• Fill out Early Termination form and send to ISSP
• ISSP will contact USCIS to cancel the H-1B
  petition

9
(No Transcript)
10
Change in FTE

• Change in FTE occurs when employee moves from
  full-time to part time, or vice versa
• ISSP must be notified in advance
• Changes in FTE status requires filing an
  amendment with USCIS

11
(No Transcript)
12
Post-Hire Issues Summary
13
Requesting an Amendment

• Login to i1440
• Select Request an Extension, enter the
  employees SSN or EMPLID, and click go.
• Move through the record, updating everything that
  has changed

14

• On the Immigration screen
• The new start and expiration date will be exactly
  the same as the current dates (unless extension
  is being requested along with amendment)
• Enter Emory University as the current visa
  sponsor
• Submit and print, gather necessary paperwork and
  signatures as you would for a brand new petition,
  and submit the hard copies to the ISSP.
• On hard copy of i1440 request, write Amendment
  at the top of the first page

15
Consequences of LCA Violations

• Basic violation
• 1000 fine per infraction
• Payment of back wages if violation is
  wage-related
• One year bar on filing H and permanent residence
  petitions
• Willful violations (including misrepresentation
  of facts)
• 5000 fine
• Payment of back wages if violation is wage
  related
• Two year bar on filing H and PR petitions