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                                 H-1B Portability Related to Change of Employer

     Under the H-1B portability rule, a foreign worker in H-1B status may begin to work for a new employer
upon proper filing of a new H-1B petition by the prospective employer if the following requirements are met:

1.        The H-1B worker was lawfully admitted;

2.        The new H-1B petition is non-frivolous;

3.        The new H-1B petition is filed while the H-1B worker is not out of status; and

4.        The H-1B worker has not been engaged in unauthorized employment since last lawful admission.

     H-1B Portability is a complicated issue that may have serious consequences on the H-1B beneficiary's
legal status. We suggest that you consult with an experienced immigration lawyer concerning the factors
involved and the potential legal consequences before you decide to work under the portability rules.