Changing H-1B Visa Employers Utilizing AC21 Portability Provisions.
Section 105 of American Competitiveness in the Twenty-First Century Act of 2000 ("AC21") added a new transfer (portability) provision for H-1B visa temporary workers.
Under the H-1B portability rules, an H-1B worker may start working with a new H-1B employer as soon as the new employer files the petition. To qualify under this rule, the H-1B worker must have been lawfully admitted to the United States and must have not engaged in unauthorized employment. The new employer also must file the petition before the date the H-1B worker’s current H-1B period of stay expires.
An H-1B worker who “ports” or transfers from one H-1B employer to another, must demonstrate that he or she actually did perform meaningful work for the original petitioning employer under circumstances not reflective of fraudulent intent in the original petition. This evidence usually consists of two or three recent paycheck stubs and possibly a letter from the original employer.