After H-1B and O-1 Status Petition Approval

For Employees Currently in the U.S.

If the employee is currently in the U.S. and issued an I-797 Approval Notice approval notice with an attached I-94  the employee may begin or resume employment on the date noted on the approval notice.

If the current visa stamp in the passport has expired, the employee may continue working in the U.S. However when the employee travels outside the U.S., he/she will need to get a new visa stamp before returning. The only exceptions are trips to Canada or Mexico for stays of 30 days or less.

For Employees Outside the U.S.

If the new employee is outside the U.S. or if a current employee is outside the U.S. at the time of approval, then they require a new visa stamp in the passport before they may enter the U.S. to begin work (with the exception of Canadian citizens). This notice is has no I-94 attached to the form, only a section on the bottom noting the preferred consulate for visa processing. New H-1B employees may not enter the U.S. more than 10 days prior to the start date on the I-797.

For Employees Currently at Stanford Who Are Extending Their H-1B or O Status

If an employee is currently at Stanford in H-1B or O-1 status and extending or amending that status, they may continue working in the position for up to 240 days as long as the extension or amendment is received by the USCIS before the expiration of the current status.

For Employees Porting (transferring) from Another Employer in H-1B and O-1 Status 

Employees who are transferring to Stanford from another employer and currently hold the same status that they will have at Stanford may begin work after the requested start date, and after the I-797 Receipt Notice has been received.

For Employees on Other Non-Immigrant Status Who Are Changing Status to H-1B and O-1 Status

These employees cannot begin work until their status is approved by the USCIS and after the approved start date on the petition. If the petition is submitted before the expiration of their current status, they may remain in the U.S. but cannot work past the expiration of their former work authorization until their H-1B or O-1 status is approved.