Current International Postdoctoral Fellows/Trainees on H-1B Status
Current* Postdoctoral Fellows/Trainees on H-1B status will be grandfathered as follows.
1. If the individual has not yet used up his/her 3 years in J-1 status, the individual will have to change from H-1B to J-1 as soon as possible, but no later than November 30, 2005 (current USCIS processing time, always subject to change without any notice, is 1.5 - 2 months).
2. If the individual does not have time left on the J-1, then he/she will be allowed to continue as a Postdoctoral Fellow/Trainee on H-1B status until November 30, 2005 (the last month in the 2004 tax year; the stipend for December is paid on January 1, in the 2006 tax year).
As of December 1, 2005, the individual cannot remain a Postdoctoral Fellow/Trainee on H-1 status. There are two choices.
• The individual’s title may be changed to Research Associate (an employee title that is compatible with H-1B status) if the funding agency will allow this as an exception. A written request, co-signed by RSP staff, should be submitted to the agency (please consult with Bob Andresen in RSP for help with this letter). Should the agency approve of the use of an employee title, please ensure that a copy of their response is on file at RSP and with the human resources person in your dean’s office prior to initiating the Research Associate appointment. You should note that the Research Associate title has a higher fringe benefit rate because it is an employment title. If the increased rate cannot be paid from the agency’s funds, the difference is the responsibility of the PI.
• If the PI is not willing to change the individual’s title to Research Associate or the funding agency refuses to permit the person to be treated as an employee, the person will have to give up the fellowship as of December 1, 2005. Please note that federal law requires the employer of a person on H-1B status to pay for the individual’s transportation costs back to his/her home country if appointment ends prior to the end date listed on the H-1B approval notice (I-797). This requirement applies to this situation.
• “Current” Postdoctoral Fellows/Trainees include both those who currently hold a fellowship or who have received an offer but have not yet started it. There are currently 13 Postdoctoral Fellows/Trainees on H-1B status in the following divisions: CALS, Engineering, L&S, School of Medicine and Public Health and Pharmacy. Please identify other internationals who have received and accepted Postdoctoral Fellowships or Traineeships, but have not yet started and send their names and status situation to Deborah Ahlstedt.