H-1B Portability issues

Report
H-1B PORTABILITY
ISSUES
M AR Y S C H N E T Z
I N T E R N AT I O N AL F AC U L T Y & S T AF F S E R V I C E S
T U E S D A Y , J U N E 1 8 , 2 0 1 3
WHAT IS PORTABILITY?
• Sometimes referred to as
changing or transferring
employers.
• Applies to individuals who are
currently in H-1B status with
another employer.
FILING AN H-1B PORTABLE PETITION
• Procedure is the same as filing an initial H-1B
procedure http://www.ohr.wisc.edu/ifss/imminfo/H1B/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
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).
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
PORTABILITY ISSUES
• Receipt Notice – valid I-9 document.
• Sticker on page 2 reflects employment dates.
• Once approval notice arrives, I-9 needs to be reverified; 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.
QUESTIONS?

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