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H-1B Portability

The portability provision (8 U.S.C. § 1184(n)) allows an H-1B nonimmigrant to begin working for a new employer as long as the new employer has filed a new H-1B petition on behalf of the H-1B employee, even though the new petition has not yet been adjudicated. The USCIS receipt notice for the new H-1B petition provides proof of the filing of the new H-1B petition. Therefore, the H-1B employee can begin working for the new employer once the USCIS receipt notice has been received for the new H-1B petition.

The portability provision enables an H-1B employee to change to a different job without the risk of being out of status. The provision also enables an employer to employ an H-1B worker sooner than the employer would otherwise be able to, if it was necessary to wait for the adjudication of the new petition and the requested start date has been reached. The H-1B portability provision is also known as changing employers or transferring H-1B status.

Transferring H-1B Status to MUSC

If you are currently in the United States in valid H-1B status, and you have been offered an H-1B eligible position at MUSC, you can take advantage of the H-1B portability provision and “port” your H-1B status to MUSC. To do this, MUSC must submit an H-1B petition on your behalf to extend your H-1B status with MUSC as your employer for the new job. Refer to the H-1B Sponsorship Process page for more details on the H-1B sponsorship process at MUSC.

You are permitted to begin working at MUSC once USCIS has received the MUSC's H-1B petition (evidenced by the I-797 receipt notice) and it is on or after the requested employment start date in MUSC’s H-1B petition.

Transferring H-1B Status to Another Employer

If you currently hold H-1B status through MUSC, but you would like to accept H-1B employment with an employer other than MUSC, the new employer must file an H-1B petition on your behalf. You must consult with the new employer regarding the processing of the new H-1B petition.

If you are planning on transferring your H-1B status to another employer, please notify the Center for Global Health immediately.

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