What is the H-1B portability rule?

Employer
January 01, 2026
1,283 views

Answer

H-1B portability allows you to:

  • Start working for new employer once new H-1B petition is filed
  • Don't need to wait for approval
  • Applies if you had valid H-1B status with previous employer
  • New employer files H-1B transfer petition

Benefits: Can change jobs quickly, no gap in employment, flexibility.

Risk: If new petition denied and old H-1B expired, you must leave U.S.

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