5718 Westheimer Road
Suite 1100
Houston, TX 77057
www.niwus.com

Tel: 800.878.1807 (U.S. Toll Free)
Tel: 950.4034.8985 (中国直拨)
Fax: 866.608.2766
Email: zliu@niwus.com

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.

Request A Free Evaluation