Glossary · Concepts & rules
Portability (INA §214(n))
You can begin work for a new H-1B employer the day USCIS RECEIVES the I-129 — no need to wait for approval.
INA §214(n) (created by AC21 §105 in 2000) lets an H-1B worker begin work for a new employer the day USCIS receives the I-129 transfer petition. The receipt notice (I-797C) is your work authorization until the petition is approved or denied. Critical for laid-off workers — premium processing ($2,965) gives a 15-business-day decision, but if you're racing the grace clock, portability lets you start work weeks earlier.
Sources & official references
- INA §214(n)— H-1B portability: a nonimmigrant may begin work for a new employer the day USCIS receives a new I-129 petition.
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