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Thread: Employer Change - Transfer H1B and AC21 Portability

  1. #1

    Lightbulb Employer Change - Transfer H1B and AC21 Portability

    Hello Everyone,
    I am a really big FAN of this blog and following it for a while. I need an advice for my situation. Thanks in advance for the help.
    Here is my situation. I have been working for the same employer for more than 8 years and they have filed my green card. My priority date is Nov 2008 and I have an EAD, which expires in Feb 2015. I also have an H1, which expires in Sep 2015. I have been recently offered a job, which I am planning to take.
    This leads to my questions.
    1. I am planning to port/transfer my current H1 B to new employer. Is there any difference in porting or transferring or they are just same?
    2. I have filed my I-485 in Jan 2012, so it is more than 6 months and I am pretty much staying in the same area of work. Does it mean that my new employer has to sponsor my green card again?

  2. #2
    my turn welcome to forum. Please post questions in appropriate forums / threads from next time onwards.

    This time its ok. Don't worry.

    To answer your questions:
    #1 - You don't port H1. You transfer H1. And to be honest technically transfer basically issues a new H1 IMHO!
    #2 - Luckily you can avail AC21. No need for new sponsorship. New employer becomes the sponsor without doing anything!!
    Quote Originally Posted by myturn View Post
    1. I am planning to port/transfer my current H1 B to new employer. Is there any difference in porting or transferring or they are just same?
    2. I have filed my I-485 in Jan 2012, so it is more than 6 months and I am pretty much staying in the same area of work. Does it mean that my new employer has to sponsor my green card again?
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  3. #3
    Thanks a lot Q. I really appreciate the help and I will post questions in appropriate forums/threats from next time. Please feel free to remove it or put it in right thread. Thanks again for quick reply.

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