I N T E R N A T I O N A L F A C U L T Y & S T A F F S E R V I C E SU N I V E R S I T Y O F W I S C O N S I N - M A D I S O N

T U E S D A Y , J U N E 1 8 , 2 0 1 3

H-1B PORTABILITY ISSUES

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/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

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.

• UW-Madison does not have to wait for approval of portable petition in order for employee to begin working – Employee 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 do not apply.

• Beneficiary would have to leave the US; UW would file a new H-1B petition, approval notice and visa stamp required prior to start of employment and re-entry to US.

• 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 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.

QUESTIONS?