Transferring H-1B employment to a new sponsoring company after initial approval but before the actual start date is generally permissible. This process, often called “porting,” allows individuals holding an approved H-1B petition to commence work for a new employer upon filing a new H-1B petition with the United States Citizenship and Immigration Services (USCIS). The new petition must be filed before the current petition’s validity period expires. A successful port means the new employer takes over the remaining validity period granted under the initial approval.
The ability to transition between sponsoring employers offers significant advantages. It provides professionals with greater career flexibility, allowing them to pursue new opportunities without restarting the often lengthy and complex H-1B application process. For employers, this portability facilitates access to a broader pool of talent and a quicker onboarding timeline. Historically, tighter regulations surrounding H-1B transfers created difficulties for both employees and employers, potentially hindering job growth and innovation. Increased flexibility in the system streamlines the process and contributes to a more dynamic and responsive labor market.
