Work Authorization Under H-1B Portability

E-Verify no longer verify work authorization for an employee who is working for an employer under H-1B portability where the employee previously held H-1B status but has since held an intervening status.

Changing employers :

An H-1B worker can change employers, but first the new employer must file a new H-1B petition. If the worker is already an H-1B, he or she can then begin the employment as described in the petition without waiting for USCIS to approve the petition. This is called a "portability provision," and it only applies to someone already in valid H-1B status.

Therefore, filing an H-1B petition with a beneficiary who previously held H-1B status, but who now holds an intervening status, may want to consider advising the employer to expedite the petition with premium processing and wait for the approval before placing the employee on payroll.

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