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H-1B Portability issues

Learn about H-1B portability, the procedures to file a portable petition, and the potential issues that may arise. Find out how UW-Madison handles portability and get answers to common questions.

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H-1B Portability issues

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  1. H-1B Portability issues Mary Schnetz International Faculty & Staff Services Tuesday, June 18, 2013

  2. What is portability? • Sometimes referred to as changing or transferring employers. • Applies to individuals who are currently in H-1B status with another employer.

  3. Filing an H-1B Portable Petition • Procedure is the same as filing an initial H-1B procedure http://www.ohr.wisc.edu/ifss/imminfo/H-1B/H-1B-portability-checklist.pdf. • Must have a prevailing wage, certified Labor Condition Application (LCA) and I-129. • Support documents same as initial petition but must also include evidence that prospective employee is currently maintaining H-1B status: current H-1B approval notice and copies of recent pay statements, verifying employment. • Filing fees - $325 and $500

  4. Portability procedures • UW Madison must file H-1B petition before end date on employee’s current I-797 Approval Notice AND before employee resigns current position. • Do not have to wait for approval of portable petition in order for employee to begin working at UW-Madison – can work once we have the receipt notice (usually arrives 2-3 weeks after petition reaches the USCIS). • Employee can not begin at UW before requested start date. • There can be no break in employment dates : June 30 end date at employer A, July 1 start date at employer B (UW-Madison).

  5. Portability issues • If employee resigns current position prior to UW department having receipt notice, s/he is out of status and portability provisions don’t apply. • Beneficiary would have to leave the US; UW would file a new H-1B petition and approval notice required prior to start of employment. • Travel while change of employer petition is pending okay only if employee: • Has a valid H-1B Approval Notice for Employer A • Has UW receipt notice • Has a valid passport and H-1B visa stamp

  6. Portability issues • Receipt Notice – valid I-9 document. • Sticker on page 2 reflects employment dates. • Once approval notice arrives, I-9 needs to be re-verified; beneficiary will have to update GLACIER account. • Six years of H-1B employment eligibility maximum, regardless of number of petitions and employers. • H4 validity dates.

  7. QUESTIONS?

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