H-1B PORTABILITY ISSUES

M A R Y S C H N E T Z 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 S T U E S D A Y , J U N E 1 8 , 2 0 1 3

WHAT IS PORTABILITY?

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Sometimes referred to as changing or transferring employers.

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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.

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 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?