Transferring H-1B visas to a brand new employer whereas an utility is pending is permissible below particular rules. This course of, also known as “porting,” permits overseas staff to keep up their authorized standing and proceed working in america whereas the brand new petition is being adjudicated. An instance could be a software program engineer with a pending H-1B utility with Firm A receiving a job supply from Firm B. Firm B can file a brand new H-1B petition on the engineer’s behalf, requesting a switch of the present H-1B. As soon as the brand new petition is obtained by United States Citizenship and Immigration Providers (USCIS), the engineer can begin employment with Firm B.
This flexibility affords a number of benefits. It facilitates profession development for H-1B holders, enabling them to pursue higher alternatives with out jeopardizing their immigration standing. Concurrently, it permits firms to entry a wider pool of expertise by recruiting people who’re already in america and acquainted with the work atmosphere. Traditionally, rules governing H-1B transfers have developed to handle the wants of each employers and workers, contributing to the expansion and dynamism of the U.S. financial system.