1. What is the H-1B visa portability (changing employers) process?

The H-1B visa portability (changing employers) process involves the filing of an I-129 petition by the new employer with the U.S. Citizenship and Immigration Services (USCIS) which sponsors the worker for the visa. The petition must include an approved Labor Condition Application (LCA), evidence of the foreign worker’s qualifications as well as an employer letter describing the job duties and wage offered, among other documents. If approved, the foreign worker can then switch employers without having to return to their home country.

2. What are the requirements to qualify for U.S. work visa portability?

To qualify for U.S. work visa portability, the applicant must have an approved, valid I-140 petition, a current and valid nonimmigrant status, and have been in the same or similar occupation for the same employer since the I-140 petition was approved. Additionally, they must not have had a substantial break in employment since the I-140 petition approval and have worked for the employer offering them permanent residence for at least one year. Finally, they must have an offer of permanent employment in a job that is in the same or similar occupational classification as the job for which the I-140 was approved, and have an approved labor certification application or a National Interest Waiver.

3. How long does it take to port an H-1B visa to a new employer?

It usually takes an average of 3-6 months to port an H-1B visa to a new employer. The exact timeline depends on the particular circumstances of the case as well as the processing times of the U.S. Citizenship and Immigration Services (USCIS).

4. Are there any restrictions or limits to porting an H-1B visa to a new employer?

Yes, there are restrictions and limits to porting an H-1B visa to a new employer. An H-1B visa holder must have maintained valid status in the United States since their most recent entry. Additionally, the new employer must be able to demonstrate the ability to pay the foreign national’s wage. Furthermore, the underlying job offered by the new employer must qualify as a specialty occupation, as defined by the USCIS. Finally, the foreign national must remain employed in a specialty occupation while porting their H-1B visa.

5. What is the procedure for changing employers while on an H-1B visa?

The H-1B visa holder must obtain a new H-1B approval from the new employer. This typically involves the new employer filing a petition with the US Citizenship and Immigration Services (USCIS). The H-1B visa holder must also transfer their visa, if they are currently outside of the United States, by applying for a new visa at a U.S. Embassy or Consulate. After the new petition has been approved, the H-1B visa holder may then start working for the new employer.

6. What are the consequences of changing employers while on an H-1B visa?

The consequences of changing employers while on an H-1B visa depend on the specific circumstances of the change. Generally speaking, an individual must obtain a new H-1B visa from the new employer and may only begin working for the new employer after it has been approved. An individual’s existing H-1B visa is typically no longer valid if they change employers. Another consequence is that a person’s ability to renew or extend their H-1B status may be affected by the change in employer and any gaps in employment could be construed as unauthorized work and could have immigration consequences.

7. Can I change my job title when porting my H-1B visa to a new employer?

Yes, you can change the job title when porting your H-1B visa to a new employer. However, the role must still comply with the conditions of an H-1B visa, and the wage must still meet the prevailing wage for the occupation. Additionally, your work duties must still match the new job title.

8. Can I maintain my existing H-1B status if I change employers?

Yes, you can maintain your existing H-1B status if you change employers. However, you must have a valid labor condition application (LCA) approved by the US Department of Labor for the new employer before you begin working for them. The new employer must also file an amended or new H-1B petition with USCIS that includes the approved LCA. Note that your H-1B status is employer-specific, meaning that you cannot work for any other employer unless they have also filed an H-1B petition for you.

9. What forms must I file to change employers while on an H-1B visa?

To change employers while on an H-1B visa, you must file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).

10. Are there any additional requirements when applying for a U.S. work visa portability (changing employers)?

Yes, when applying for a U.S. work visa portability, applicants must demonstrate that they have not abandoned their nonimmigrant intent and they must meet the requirements of the new petitioning employer’s nonimmigrant classification. Additionally, applicants must provide proof of their continuous presence in the U.S., evidence of authorization to accept employment from the new employer, and evidence of an approved labor certification or a valid national interest waiver from the USCIS.

11. Can I transfer my H-1B visa if I am laid off from my current employer?

Yes, you can transfer your H-1B visa to a new employer as long as you have not abandoned your H-1B status. Your new employer must file a new I-129 petition with the USCIS in order for you to keep your H-1B status.

12. What is the process for extending an H-1B visa when changing employers?

The process for extending an H-1B visa when changing employers is as follows:

1. The new employer must file a Form I-129, Petition for a Nonimmigrant Worker.

2. The new employer must also submit evidence to the USCIS that the job offered is a specialty occupation and requires a minimum of a Bachelor’s degree or its equivalent.

3. The petitioner must demonstrate that the employee qualifies for the position and will be paid the prevailing wage for the position or the actual wage paid by the petitioner, whichever is higher.

4. The petitioner must also submit evidence that demonstrates that the employee will not adversely affect the wages and working conditions of similarly employed U.S. workers.

5. After filing the petition, it may take up to 90 days for USCIS to make a decision on the petition. If approved, the employee will receive an extension of his or her H-1B visa status for up to three years with the new employer.

13. Can I obtain a new LCA and apply for an H-1B amendment when changing employers?

Yes, you can obtain a new LCA and apply for an H-1B amendment when changing employers. The process is similar to the initial H-1B application process and involves obtaining a new LCA and filing an amendment petition with USCIS.

14. Is it necessary to obtain a new approved petition from USCIS when changing employers with an H-1B visa?

Yes, it is necessary to obtain a new approved petition from USCIS when changing employers with an H-1B visa. The new employer must submit a new petition in order for the individual to continue working in the U.S. on an H-1B visa.

15. How can I ensure that my current employer does not revoke my approved petition when I change employers with an H-1B visa?

You can ensure that your current employer does not revoke your approved petition by obtaining a new petition from your new employer and notifying the US Department of Homeland Security of your intent to transfer employers. Additionally, you should make sure that you maintain valid H-1B status while you are employed by your current employer, as this will make it less likely for them to revoke your petition.

16. Are there any limitations on how soon I can change employers with an H-1B visa?

Yes. Unless you are exempt from the H-1B portability rules, you must wait until USCIS has approved your new employer’s H-1B petition before you can begin working for your new employer. Additionally, you cannot start working for your new employer more than 60 days before the date the new H-1B petition is valid.

17. Can I transfer my existing H-1B visa to another company if the sponsoring employer has gone out of business?

Yes, it is possible to transfer an existing H-1B visa to another company. However, you must first apply for a new H-1B visa with the new employer and they must submit the petition to the USCIS. When the new H-1B visa is approved, you will be able to transfer your existing H-1B visa to the new employer.

18. If I am on a J-1 visa, can I transfer my status to an H-1B work visa through another employer?

Yes, you can transfer your J-1 visa to an H-1B work visa through another employer. The process requires the new employer to file a new petition on your behalf, and you may need to apply for a new visa stamp from the U.S. Embassy or Consulate in your home country.

19. Can I continue working for my current employer while transferring my work visa to a new employer?

No, you cannot work for your current employer while transferring your work visa to a new employer. You must wait until the transfer is complete before you can begin working for the new employer.

20. How long does it take to get a new work visa after transferring to a new employer?

The processing time for a work visa transfer varies by country and can take anywhere from a few weeks to several months.