Gold University of Minnesota M. Skip to main content.University of Minnesota. Home page.
 
Academics.
What’s inside
 
  Home > H-1B Employment > H Transfers

Print Version

Obtain or Extend H Status
H Transfers (Portability)

Portability is the official term used by USCIS when an employee already holds H-1B status and “transfers” their H-1B status from one employer to another.

In order for the employee to begin working for a new employer, that employer must file an entirely new H-1B petition. This must be done prior to the expiration of the first H-1B, or prior to the employment being terminated, whichever comes first. In most cases, having one H-1B petition approved will not make it any easier to get a second approval.

Note: According to immigration law which went into effect October 17, 2000, an employee may begin working as soon as the new employer files the H-1B petition with the USCIS. It is not necessary to wait for the petition to be approved. At the University of Minnesota, the normal procedure is to wait for the USCIS to send an application receipt notice to ISSS. Then the employee can fill out the I-9 Form at UMN payroll services using the receipt along with their passport, I-94 card and original H-1B Notice of Approval from the previous employer.

Employees and departments should consult closely with ISSS about the timing of moving to the University of Minnesota and about any travel outside of the U.S. during this period.

Last Update: November 14, 2007