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H-1B Advisor

Portability

Portability allows an employed H-1B (not applicable to H-1B1 or E-3) worker to enter into employment with a new H-1B employer. The worker benefits by being able to change jobs without the risk of violating status, and the new H-1B employer benefits by being able to employ an H-1B worker without waiting the normal adjudication period. Questions concerning the process for invoking portability should be directed to USCIS.

The H-1B worker may enter into employment with the new H-1B employer as soon as the new employer files a nonfrivolous Petition for a Nonimmigrant Worker (Form I-129/I-129W).

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H-1B Advisor Glossary of Terms | Wage and Hour Division

UNITED STATES
DEPARTMENT OF LABOR