MARY SCHNETZ INTERNATIONAL FACULTY & STAFF SERVICES TUESDAY, JUNE 18, 2013 H-1B PORTABILITY ISSUES.

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Presentation transcript:

MARY SCHNETZ INTERNATIONAL FACULTY & STAFF SERVICES TUESDAY, JUNE 18, 2013 H-1B PORTABILITY ISSUES

WHAT IS PORTABILITY? Sometimes referred to as changing or transferring employers. Applies to individuals who are currently in H-1B status with another employer.

FILING AN H-1B PORTABLE PETITION Procedure is the same as filing an initial H-1B procedure 1B/H-1B-portability-checklist.pdf. 1B/H-1B-portability-checklist.pdf Must have a prevailing wage, certified Labor Condition Application (LCA) and I-129. Support documents same as initial petition but must also include evidence that prospective employee is currently maintaining H-1B status: current H-1B approval notice and copies of recent pay statements, verifying employment. Filing fees - $325 and $500

PORTABILITY PROCEDURES UW Madison must file H-1B petition before end date on employee’s current I-797 Approval Notice AND before employee resigns current position. Do not have to wait for approval of portable petition in order for employee to begin working at UW-Madison – can work once we have the receipt notice (usually arrives 2-3 weeks after petition reaches the USCIS). Employee can not begin at UW before requested start date. There can be no break in employment dates : June 30 end date at employer A, July 1 start date at employer B (UW-Madison).

PORTABILITY ISSUES If employee resigns current position prior to UW department having receipt notice, s/he is out of status and portability provisions don’t apply. Beneficiary would have to leave the US; UW would file a new H-1B petition and approval notice required prior to start of employment. Travel while change of employer petition is pending okay only if employee: Has a valid H-1B Approval Notice for Employer A Has UW receipt notice Has a valid passport and H-1B visa stamp

PORTABILITY ISSUES Receipt Notice – valid I-9 document. Sticker on page 2 reflects employment dates. Once approval notice arrives, I-9 needs to be re- verified; beneficiary will have to update GLACIER account. Six years of H-1B employment eligibility maximum, regardless of number of petitions and employers. H4 validity dates.

QUESTIONS?