May I still take advantage of H-lB portability if my employment with the initial H-lB employer ceases prior to the filing of an H-lB petition by the subsequent H-lB employer?
A. Yes, provided the initial H-I B visa petition and 1-94 have not expired, and the other requirements for portability are met. USCIS has not determined whether there is a limit to how long after the employment is terminated a subsequent petition may be filed, and still permit the H-lB worker to use the portability provisions.
Related Questions
- May I still take advantage of H-lB portability if my employment with the initial H-lB employer ceases prior to the filing of an H-lB petition by the subsequent H-lB employer?
- If I apply for an extension of H-lB status with the same employer for the same position, may I work after the prior petition expires and before the extension is approved?
- May an H-lB petition be filed prior to the filing or approval of an interested government agency J-1 waiver?
