H-1B Portability

The portability provision (8 U.S.C. § 1184(n)) allows an H-1B nonimmigrant to begin working for a new employer as long as the new employer has filed a new H-1B petition on behalf of the H-1B worker, even though the new petition has not yet been adjudicated. The USCIS receipt notice for the new H-1B petition provides proof of the filing of the new H-1B petition. Therefore, the H-1B worker can begin working for the new employer once the USCIS receipt notice has been received for the new H-1B petition. The portability provision enables an H-1B worker to change to a different job without the risk of being “out of status.” The provision also enables an employer to employ an H-1B worker sooner than the employer would otherwise be able to, if it was necessary to wait for the adjudication of the new petition and the requested start date has been reached.

Transferring H-1B Status to MUSC

If you are already in the US in valid H-1B status and you have been offered a position at MUSC, you can “port” your H-1B status to MUSC. MUSC will file a petition on your behalf to extend your H-1B status with MUSC as your sponsor. You are permitted to begin working at MUSC only after USCIS has received the H-1B petition submitted by MUSC on your behalf (evidenced by the I-797 receipt notice received by MUSC) and it is on or after the requested employment start date in MUSC’s petition.

Transferring H-1B Status to Another Employer

Similarly, if you currently hold H-1B status through MUSC, but you would like to accept employment with an employer other than MUSC, the new employer must file an H-1B petition on your behalf. You must consult with the new employer regarding the processing of the new H-1B petition. If you are planning on transferring your H-1B status to another employer, you must notify CGH immediately.