H1B portability??

R

raj2003

New Member
Hello,

Sorry for being ignorant.. Can anyone please explain the difference between H1B transfer and H1B portability, when we switch h1 from one company to another? (If there is any!)
 
When you apply for H1 transfer, you can begin new employment just with the receipt notice for h1 transfer. You need not wait for the approval. This is the H1 portability provision.
 
But in case of new H1(previously got H1 approved,current H1 is a new) can we start working with the new company after getting receipt notice.for example.I was working with company A,got laid off & went to canada.After 7 months came to US like visitor(no visa required),applied for new H1 and started working after receipt notice.Was it legal to work before the approval because I had got H1 previously from company A and had stamp on my passport.

Thanks
 
Last edited by a moderator:
But in case of new H1(previously got H1 approved,current H1 is a new) can we start working with the new company after getting receipt notice.

Thanks
 
Originally posted by Hpuser
But in case of new H1(previously got H1 approved,current H1 is a new) can we start working with the new company after getting receipt notice.for example.I was working with company A,got laid off & went to canada.After 7 months came to US like visitor(no visa required),applied for new H1 and started working after receipt notice.Was it legal to work before the approval because I had got H1 previously from company A and had stamp on my passport.

Thanks
Click to expand...

If at the time of applying for H1 transfer you did not hold a valid H1, you cannot work just on the basis of a filing receipt. In your case you were not in a valid H1 status at the time of applying for new H1. Visa is irrelevant here.
 
Thanks and one more question

Thanks NKM for your reply. One more question though.

If I join company B after getting the receipt, can company B immly. apply for my GC? Will there be any problems?

Thanks in advance for your reply.
 
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