H1B portability

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slpmom07
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Joined: Wed May 11, 2011 1:13 pm

H1B portability

Post by slpmom07 » Wed May 11, 2011 1:28 pm

Sorry if the answer to this has been posted but I couldn't find it.

I am on an H1B with 2 years left. I work for a school district through a contracting company. The school district just announced they are no longer hiring through contracting companies next Fall. My job therefore ends in 3 weeks. I don't think the school district will sponsor me directly but I am trying to talk to them about it. My husband has a TN.

1) Do I go to the border and become TN dependent as soon as my job ends so I am still legal? Does my husband have to fly with me or can I bring his info with me?

2) If the school district decides to sponsor me directly I presume they start the process all over again, resubmitting everything to port the H1B which could take months? Are the costs the same?

Thanks

nelsona
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Post by nelsona » Thu May 12, 2011 9:08 am

1. You can either file by mail for TD (on your last day of work), using form I-539, or you can go to border and get TD (assuming you are cdn -- otherwise you would need to go to consulate). but you must get TD to remain legal.

2. Yes. Portability of H1 merely means that you can begin work after submitting I-129 without waiting for your new H1 approval, but the process, fees, etc are the same. This would be true regardless if you found a new sponsor immediately, or if you spent some time on TD in the meantime.
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nelsona
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Post by nelsona » Fri May 13, 2011 9:10 am

Just to let you know, the USCIS has JUST RECENTLY changed their policy with regards to H1 portability, making it applicabale ONLY when you are currently In H1 (ie, stil working for previous sponsor).

see

http://murthy.com/mb_pdf/051211_P.html

This change is likley going to be challenged in court, but what it means is that, if you are not working whne you file the new I-129, you will have to wait for approval before starting to work, which ultimately means filing using premium processing ($1000 extra).
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slpmom07
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Post by slpmom07 » Sun May 15, 2011 11:02 pm

Ok, thanks so much for that info. I didn't know the new regs about porting the H1B while still working. The contracting agency is now talking to other school districts nearby to see about positions and if they are willing to sponsor. Technically I 've been told my current job does not end until August 1st which is the end of this school year and beginning of the next (i am still paid and employed by the contracting agent until then). Gives me a bit more time to find another job.

nelsona
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Post by nelsona » Mon May 16, 2011 7:39 am

You can still get a new H1 under the new regs -- that has not changed. it just means you have to wait for approval to work if you aren't in current H1 status.
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georgecombey
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Re: H1B portability

Post by georgecombey » Wed May 25, 2011 10:27 am

[quote="slpmom07"]Sorry if the answer to this has been posted but I couldn't find it.

I am on an H1B with 2 years left. I work for a school district through a contracting company. The school district just announced they are no longer hiring through contracting companies next Fall. My job therefore ends in 3 weeks. I don't think the school district will sponsor me directly but I am trying to talk to them about it. My husband has a TN.

1) Do I go to the border and become TN dependent as soon as my job ends so I am still legal? Does my husband have to fly with me or can I bring his info with me?

2) If the school district decides to sponsor me directly I presume they start the process all over again, resubmitting everything to port the H1B which could take months? Are the costs the same?

Thanks[/quote]

The best option is consulting an immigration lawyer.
US passport renewal

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