Amending Your H1B Visa

Compared to the F-1 or J-1 visas, H-1B visas are specific to the position details when the petition was submitted. The H1B petition must be amended if there are any material changes to the position. Contact International Services with any changes. Often, the change you describe will have no impact on your H-1B visa status but in certain situations, it may be necessary to file a new I-129 to amend your H-1B visa status.

Please note that amendments do not need to be approved by the USCIS before the change can take place—however, International Services must at least have the receipt notice for the new I-129 before the change can go into effect.

Below are the most common situations that result in an amended H-1B. If you are unsure whether your situation requires and amendment, please reach out to International Services as soon as possible. Changes in salary, location, title or duties, employer/second employer or stay are all required to be reported.

Change in Salary or Funding

Not all changes to your salary will require an amended H-1B. For example, when your salary increases because of the terms in your employment contract or an annual wage increase, no action is needed. However, significant reductions or increases in your salary may require an amendment before they can take place.

Change in Work Site

Your work site(s) are listed on I-129 in two locations: Page 5, Part 5, Item 3 (primary work site) and Page 10 (secondary work sites). Please contact International Services if either address(es) are incorrect or no longer valid. Not all work site changes will require an H-1B amendment—it depends on the distance your new work site is from your current work site. The basic standard is considered “within normal commuting distance to the work site” but this standard is not always clear and requires input from your H-1B advisor to determine if the standard is met. If you exceed the allowable distance, an amended H-1B will be required.

Change in Job Title or Job Duties

Changing job titles is not uncommon at U of I and not all changes require an amendment to the current H-1B but since any new title may result in new job duties, it is important that International Services is aware of the title change. Changes that involve any of the following always require an amendment:

• Taking on significant new job duties (especially management)
• Changing from a union-represented position to a non-represented position or vice-versa
• Changing to any non-academic job title or staff position

This is not an exhaustive list, so please contact International Services if you learn of a possible title change. A new I-129 must be filed with International Services before you can assume the new title or job duties.

Guidelines for Current H-1B Workers

Maintain Your Visa Status
If you are already working under an H-1B visa, be sure to follow guidelines to maintain your lawful visa status. Your H-1B status will affect your ability to gain an H-1B extension or change employers, as well as any future plans to apply for a U.S. Green Card.

Request Extensions 6+ Months in Advance
If your contract with U of I will be renewed after your current H-1B approval notice expiration date, your hiring department must contact International Services to request an H-1B extension. This request must be made at least 6 months before the expiration date of your current H-1B approval notice. USCIS must receive your extension application before your current H-1B approval notice expires.

Changes to Your H-1B Status

If you are currently working at U of I in H-1B status and need to request a change in your current position, follow the procedures below.

International Services reserves the right to develop and create internal policies in the best interests of the university’s teaching and research needs, as well as within our office capabilities. Therefore, we do not process part-time and/or concurrent employment H-1B petitions.