Revalidating h1b visa
H-1B portability Start Date and Successive H-1B Portability Petitions A foreign worker lawfully in H-1B status is authorized to “port” to a new H-1B employer through the new employer’s filing of a non-frivolous H-1B petition.The new rule codifies the longstanding practice that the foreign worker may begin employment at the new employer as soon as the new H-1B port petition is filed or as of the requested start date on the petition, whichever is later.
In practice, an employer should consult closely with an immigration attorney if they are filing on behalf of an employee with an already pending port application.
The regulations we reference are all included in various volumes of the Code of Federal Regulations (“CFR”).
We primarily use 8 CFR, which is USCIS regulations; 20 CFR, which is Department of Labor regulations; and 22 CFR, which is Department of State regulations.
Now, foreign workers in E-1, E-2, E-2, H-1B, H-1B1, L-1, O-1 or TN classifications, and their dependents, will remain in status for 60 days following termination or until the end of their authorized validity period, whichever is shorter. Post-Sixth Year H-1B Extensions H-1B visa classification allows for a total of six years of validity (usually in two three‑year increments).
The 60 days does not include employment authorization, but it does allow the foreign worker to wrap up their affairs in the U. or attempt to transfer and maintain status with a new employer. No employment is authorized during these periods, but the government will allow for flexibility of scheduling travel and keep many foreign workers from needing to enter as a visitor prior to their employment’s start date, or needing to change to a visitor status in order to close out their affairs in the U. The final rule codifies a long‑standing practice as authorized by a 2001 law, the American Competitiveness Act of the 21st Century (AC21), by allowing a foreign national to use a Labor Certification (PERM) filing at least one year prior to the end of the H-1B sixth year or an approved I-140, Immigrant Petition, to extend their stay in H-1B status beyond the sixth year.