Ending Your UH O-1 Employment or Status
Once O-1 employees end their O-1 employment or status at UH, FSIS needs certain documents from UH departments to properly close the O-1 files and take appropriate action.
Resignation (voluntary termination)
Dismissal (involuntary termination)
Lawful permanent residence is obtained
Resignation (voluntary termination) [top]
Your UH department should send FSIS a copy of your UH Payroll Notification Form (PNF) showing that your employment will be ending. The PNF is necessary to confirm the official employment end date.
Resigning before the O-1 end date
If your last day of UH employment will occur before the O-1 approval notice end date, you must depart the U.S. on or before that day if you do not have a legal basis for staying in the U.S. Even if you have time remaining on your O-1
approval notice and/or your I-94 card, you will
begin to accrue unlawful presence if you do 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 O-1 petition.
Resigning on the O-1 end date
If your last day of UH employment will occur on your O-1 approval notice end date, you must depart the U.S. by the last day written on your I-94 card.
If you were granted an additional 10-day period beyond your O-1 approval notice end date on your I-94 card, you may stay in the U.S., but you may not work during this 10-day period. You must leave the U.S. on or before the last day of the 10-day period unless you have a legal basis for staying in the U.S. after your UH employment ends.
If you were not granted the additional 10-day period, you must leave the U.S. on or before your O-1 approval notice end date unless you have a legal basis for staying in the U.S. after your UH employment ends. If you do not depart the U.S. on time, you will begin to accrue unlawful presence.
I-94 validity
It is extremely important to be aware of the period of authorized stay written on your I-94 card by the immigration inspector at the port of entry. If your I-94 expiration date will occur before your UH employment resignation date or your O-1 approval notice end date AND if UH has not filed an O-1 extension with USCIS on your behalf, your O-1 status will end on the I-94 date. As a result, you must leave the U.S. on or before the I-94 date to avoid accruing unlawful presence. If you are unsure about this issue, please consult with your UH department or with FSIS.
See Terms and Concepts for information on the functions of the other immigration documents.
Dismissal (involuntary termination) [top]
If you are dismissed from UH employment for any reason before the O-1 approval notice end date, your UH department must send FSIS a copy of your 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 O-1 petition.
Unless you have a legal basis for remaining in the U.S., you must depart the U.S. by the last day of your employment. Otherwise, you will begin to accrue unlawful presence.
If you are returning to your last place of foreign residence, your UH department is responsible for the reasonable costs of return transportation to that country. UH is not responsible for your dependents’ transportation costs.
Lawful permanent residence is obtained [top]
If you obtain U.S. lawful permanent residence, please send FSIS a copy of both sides of your Permanent Resident Card so we can close your O-1 file. No further action needs to be taken on your O-1 classification.
