Maintaining H‑1B Status

Outside employment: occasionally, an H-1B employee may engage in concurrent employment with another employer. The secondary employer is responsible for filing the H-1B petition for concurrent employment and associated costs. Refer to the University of Colorado’s Conflicts of Interest page before accepting outside employment.

Reimbursement of expenses for outside professional activities: H-1B employees may give occasional speeches and lectures at places outside their primary worksite(s) at CU Denver | Anschutz, but receiving compensation for these activities is not permitted. Receiving reimbursement for transportation and reasonable living expenses incurred in connection to speeches or lectures is permitted, provided the activity is incidental to H-1B employment, the H-1B employee is not paid a wage or salary for their services, and the H-1B employee does not derive monetary or other material gain from the activity.

New H-1B (Consular Processing): the employee may begin work once the petition is approved, the start date in the petition is reached, and they enter the U.S. in H-1B status. When they can enter the U.S. depends on consular visa processing, which varies by country and consulate and may take weeks or months. Canadian and Bermudian citizens are exempt from U.S. visa requirements.

New H-1B (Change of Status): the employee may begin employment once the petition is approved, the start date is reached, and the approval notice is received. A current employee changing status to H-1B may have appropriate employment authorization to work until the H-1B start date. Check with ISSS.

Change of Employer (Porting): a new employee holding H-1B status with another employer may begin employment as soon as the petition is filed and the start date in the petition is reached.

H-1B Extension and Change in Employment: While the petition for extension or a change in employment is pending with USCIS, the employee may continue working for up to 240 days beyond the current H-1B expiration date, or until the end date in the new petition, whichever is earlier.

This 240-day authorization applies only if the petition was filed before the expiration date and the employee has not left the United States during the pendency. It applies only to employment with the petitioning employer — it does not extend to other employers or to travel outside the U.S.