H-1B Employment at the University of Minnesota

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H-1B: The Basics

Description of H-1B Status

Qualifying Criteria for H-1B

Comparing Work Visas

H-1B Status Documents

H-1B Application Process

ISSS Procedures/Fee

Contract/Appt. Language

US Gov. Processes/Fees

H-1B Processing Times

Obtain/Extend H Status

H Transfers (Portability)

Change of Status

Persons Outside U.S.

Changes in UMN H-1B Jobs

Request to Extend H-1B

H Dependents

H-1B Annual Cap

H Regulations & Policies

Travel Outside the U.S.

Extensions Beyond 6 Years

Part-Time Employment

Consultation Policy

Taking Classes in H-1B

Change of Address Rules

H-1B Grace Period

Departure from UMN

Resources for H-1Bs

Employment-based Visas:
Comparison Chart

Int. Scholar Handbook

Int. Scholar Orientation

Contacting ISSS Staff

Print Version

H-1B Status Documents

Notice of Approval (I-797) | H-1B Status (I-94) | H-1B Visa

Notice of Approval (I-797)

The Form I-797 Approval Notice is the main document to prove that H-1B petition has been approved.  It is a one-page legal document (see sample) sent to the employer when its petition for an H-1B has been approved. If the employee is already in the U.S. and applying for a change of status or extension of stay, an I-94 document is attached to the bottom of Form I-797. The Form I-797 reflects the following information:

1. The petitioning employer
2. The visa status in the section titled “Class”
3. The valid from and valid to dates of the visa status
4. Name, date of birth and citizenship country of employee

At the University of Minnesota, the original Notice of Approval is given to the employee by their department. Employees must present the I-797 Approval Notice to apply for an H-1B visa at a U.S. consulate, when requesting to enter the U.S. in H-1B status.  It also must be presented at U.M. Payroll Services in order to prove H-1B status.

Safeguard your document!  If the I-797 Approval Notice is lost, it costs $340 and at least 6 months to replace it, and you cannot apply for a visa or enter the U.S. without it!

H-1B Status (I-94)

H-1B status is documented on the I-94 card and is obtained by an employee who:

1. comes to the U.S. in another nonimmigrant status (such as F-1, J-1) and subsequently is approved for a “change of status” to H-1B.

or

2. presents an H-1B visa and I-797 Notice of Approval at a U.S. port of entry and is granted H-1B status on the I-94 card.

The H-1B employee may remain in the U.S. as long as they maintain their employment with the employer who petitioned for the H-1B and until the expiration date of H-1B status as shown on the I-797 and the I-94 card.

H-1B Visa

In order to be granted H-1B status upon entry to the U.S., the applicant must present a valid passport with an H-1B visa stamp/sticker, and the I-797 Notice of Approval. To obtain an H-1B visa stamp/sticker in his/her passport, the person must present an I-797

Notice of Approval and copy of the I-129 Petition for a Nonimmigrant Worker to a U.S. consulate abroad (see “Travel Outside the U.S.” section). The employee may continue to reside and work in the U.S. following expiration of the visa as long as his/her H-1B status has not expired.