Skip to main content | Skip to main navigation

       
  leftbg

News:

FSIS website under construction
Starting September 20, 2013, we'll be making changes to the format of our website. We ask for your patience as this may be a lengthy process. Contact Signe at signen@hawaii.edu if you have problems with website functionality or navigation.

New I-94 procedure
From April 30, 2013, U.S. Customs and Border Protection (CBP) will begin implementing a paperless I-94 procedure at U.S. air and sea ports of entry.

EB immigrant visa availability
U.S. Department of State's monthly Visa Bulletin


End of UH H-1B Employment or Status


Once H-1B employees end their H-1B employment or status at UH, FSIS needs certain documents from UH departments to properly close the H-1B files and take appropriate action.


Resignation (voluntary termination)

Dismissal (involuntary termination)

Lawful permanent residence



Resignation (voluntary termination) [top]

The UH department should send FSIS a copy of the employee’s PNF showing that employment will be ending. The PNF is necessary to confirm the official employment end date.

Resignation before the H-1B end date

If the last day of UH employment will occur before the H-1B approval notice end date, the employee must depart the U.S. on or before that day if he/she does not have a legal basis to stay in the U.S. Even if he/she has time remaining on the H-1B approval notice and/or I-94 record/admission stamp, he/she will begin to accrue unlawful presence if he/she does not leave the U.S. on time.

FSIS is required to notify the U.S. Citizenship and Immigration Services (USCIS) when an employee is no longer employed under the terms of an approved H-1B petition.

Resignation on the H-1B end date

If the last day of UH employment will occur on the H-1B approval notice end date, the employee must depart the U.S. by the date written on his/her I-94 record/admission stamp.

If the employee was granted an additional 10-day period beyond the H-1B approval notice end date on the I-94 record/admission stamp, he/she may stay in the U.S., but may not work during this 10-day period. He/She must leave the U.S. on or before the last day of the 10-day period unless he/she has a legal basis for staying in the U.S. after UH employment ends.

If the employee was not granted the additional 10-day period on his/her I-94 record/admission stamp, he/she must leave the U.S. on or before the H-1B approval notice end date unless he/she has a legal basis for staying in the U.S. after UH employment ends. If he/she does not depart the U.S. on time, he/she will begin to accrue unlawful presence.

Returning to the U.S. for a new H-1B period

If the employee has exhausted the maximum 6-year period in H-1B status and is not eligible for further extensions, he/she must depart the U.S. as described above. In order to begin a new 6-year H-1B period, he/she must be physically absent from the U.S. for a total of 12 months.



Dismissal (involuntary termination) [top]

If an H-1B employee is dismissed from UH employment for any reason before the H-1B approval notice end date, the UH department must send FSIS a copy of the PNF showing that employment has ended. The PNF is necessary to confirm the official employment end date. FSIS is required to notify USCIS when an employee is no longer employed under the terms of an approved H-1B petition.

Unless the employee has a legal basis for remaining in the U.S., he/she must depart the U.S. by the last day of employment. Otherwise, he/she will begin to accrue unlawful presence.

If the employee is returning to his/her last place of foreign residence, the UH department is responsible for the reasonable costs of return transportation to that country. UH is not responsible for dependents’ transportation costs.



Lawful permanent residence is obtained [top]

If an H-1B employee obtains U.S. lawful permanent residence, please send FSIS a copy of both sides of his/her Permanent Resident Card so we can close his/her H-1B file. No further action needs to be taken on his/her H-1B classification.


rightbg