Transferring H-1B visas to a brand new employer whereas an software is pending is permissible beneath particular rules. This course of, sometimes called “porting,” permits overseas staff to keep up their authorized standing and proceed working in the US whereas the brand new petition is being adjudicated. An instance can be a software program engineer with a pending H-1B software with Firm A receiving a job provide from Firm B. Firm B can file a brand new H-1B petition on the engineer’s behalf, requesting a switch of the present H-1B. As soon as the brand new petition is acquired by United States Citizenship and Immigration Companies (USCIS), the engineer can start employment with Firm B.
This flexibility affords a number of benefits. It facilitates profession development for H-1B holders, enabling them to pursue higher alternatives with out jeopardizing their immigration standing. Concurrently, it permits firms to entry a wider pool of expertise by recruiting people who’re already in the US and conversant in the work setting. Traditionally, rules governing H-1B transfers have developed to deal with the wants of each employers and staff, contributing to the expansion and dynamism of the U.S. economic system.
