Hiring an H-1B worker who is already in the U.S. on an H-1B visa? Or are you an H-1B employee looking to change employers? The good news is that H-1B “portability” rules allow H-1B workers to transfer to a new employer and even start the new job upon filing of the petition, rather than waiting for approval. This provision, established by the American Competitiveness in the 21st Century Act (AC21), is informally known as the H-1B transfer rule. It effectively makes switching H-1B employers much easier, as long as certain conditions are met.

In this comprehensive guide, we’ll explain H-1B portability in plain language - what it means, who is eligible, and how to use it. Both employers and employees will find step-by-step details on:

• H-1B transfer eligibility criteria under AC21 (and what counts as already “cap-counted”),
• How and when a new employer can start H-1B employment (i.e., the rules for the portability start date),
• Filing a portability petition - including what forms and documents are required from the new employer and from the employee (previous approval notices, pay stubs, etc.),
• Portability vs. transfer - understanding that these terms mean the same thing in practice (and clarifying that an H-1B “transfer” is not a separate visa, just a new petition),
• Avoiding RFEs on H-1B transfers - common issues like maintaining status, differences in job roles, and how to address them,
• Concurrent H-1B employment using portability (working for two H-1B employers at once),
• and answers to frequently asked questions such as “Do I need a new LCA for a transfer?”, “How long does an H-1B portability case take?”, “What if my current H-1B is expiring soon or I’m near the 6-year limit?”, and “Can I travel while a transfer is pending?”.

Whether you’re an employer trying to onboard H-1B talent quickly, or an employee planning to change jobs, this guide will walk you through the process so you can make the transition smoothly and lawfully. Let’s start with the basics:

What is H-1B Portability and Who Qualifies?

H-1B Portability refers to the ability of an H-1B visa holder to start working for a new employer upon the filing of a new H-1B petition by that employer, rather than waiting for petition approval. This was introduced by AC21 (specifically §105 of AC21, codified at 8 USC §1184(n)), to give more flexibility to H-1B workers and mitigate lengthy processing times. Portability is often simply called an “H-1B transfer” in everyday conversation, but legally it’s the provision that allows immediate work authorization when switching employers.

To use H-1B portability, certain eligibility criteria must be met:

The worker is currently in the U.S. in valid H-1B status. That means they were already counted against the H-1B cap previously (through a cap petition by some employer) and have an approved H-1B that hasn’t expired or been revoked. Portability is only for people who are already on H-1B (or were in H-1B status in the recent past and are in a grace period or extension pending). You cannot “port” someone who is on, say, F-1 OPT directly - they would need to go through the cap or cap-exempt process as a new H-1B.

The new employer’s H-1B petition is “nonfrivolous” and is filed while the person is in a period of stay authorized by H-1B. Nonfrivolous just means a bona fide, properly filed petition (not fraudulent or obviously without merit). The petition must be filed before the worker’s current H-1B status expires (or within the 60-day grace if they recently left the old job under H-1B). Essentially, the person must not have fallen out of status. If the previous H-1B job ended, AC21 gives a 60-day grace period during which if a new petition is filed, portability still applies.

The worker has not engaged in unauthorized employment since last being in H-1B status. This is usually straightforward - if they’ve been working for their H-1B sponsor and nowhere else, they’re fine. If they somehow fell out of status or worked without authorization, portability might not cover them.

The person was lawfully admitted to the U.S. and is seeking to work for a new H-1B employer. This criterion is just to confirm they came in legally and have an H-1B.

The new petition is “to employ the alien under section 214(n) (portability).” In practice, you indicate that on the I-129 form by listing the current status and previous petition receipt, etc. Most standard H-1B petition filings for someone already in H-1B will qualify.

In simpler terms: if you have an H-1B already (with employer A) and you want to switch to employer B, as long as B files an H-1B petition for you while you’re still in status (or within grace period after leaving A), you can start working for B when that petition is received by USCIS.

No new cap number needed: One big implication of portability is that the new employer’s petition is cap-exempt - you don’t go through the H-1B lottery again. Any H-1B worker who has been counted against the cap within the last 6 years can port to a new employer at any time of year. There’s no April filing window or Oct 1 start restriction. This is why hiring H-1B transfers is attractive - you’re not limited by the lottery timing (the American Immigration Council notes that continuing employment petitions, which include transfers, made up 70% of H-1B approvals in FY2022).

Does the 6-year limit restart? No, portability does not reset the H-1B maximum stay clock. The worker gets the remainder of the time they have left (plus whatever extensions they might be eligible for via green card processes, etc.). The new employer can request up to the balance of the 6-year limit (or three years at a time if plenty remains). If the person has an approved I-140 or is otherwise eligible for extensions beyond 6 years under AC21 §§104(c) or 106(a), the new employer can also request those longer extensions. We’ll cover that scenario in the FAQs.

Now that we know who qualifies, let’s talk about how the process actually works and what the timeline and steps look like.

H-1B Transfer Process and Timeline

Step 1: New employer files an H-1B petition for the worker. This involves obtaining a new Labor Condition Application (LCA) for the position at the new company, then submitting a Form I-129 H-1B petition to USCIS. The petition should include evidence of the person’s current H-1B status (copy of current approval notice, most recent pay stubs, visa/I-94, etc.) to demonstrate eligibility for portability. It’s often called a “transfer petition” but it’s technically just a change of employer petition. Important: It must be filed while the worker is still in authorized H-1B stay - ideally while still employed with previous employer or within 60 days of leaving if they left - and before their current I-94 expires.

Step 2: Wait for receipt notice (or delivery confirmation). AC21 says the worker can begin new employment as soon as the petition is filed (received by USCIS). In practice, most employers wait until they have at least the FedEx/UPS delivery confirmation or USCIS Receipt Notice as evidence of filing, before the person starts working for them. This can be just a few days after mailing if using premium processing, or a couple weeks if regular. Many immigration attorneys will give a go-ahead to start as soon as the tracking shows USCIS received the package on, say, August 1. Others may wait for the actual receipt notice which might come by mail 1-2 weeks later. Either way, legally employment can start upon USCIS’s receipt of the petition (not merely when it’s prepared or sent, but when USCIS has it in hand). There’s no need to wait for approval. This is the essence of “portability.”

Step 3: Employee switches over and begins work with new employer. If the employee is currently with old employer, they typically would resign once they know the new petition is filed. Many choose to wait for the filing receipt so they have peace of mind. It’s possible (and allowed) to have a short gap or even some overlap (though overlapping working for two full-time jobs might raise wage compliance issues). The 60-day grace period after resignation exists to give time to file a new petition and start new job, but with portability, ideally the new petition is filed before or immediately after leaving the old job.

Step 4: USCIS processes the petition. The options here are regular processing (which might take months) or premium processing (15 days). Many employers use premium for transfers if they want certainty quickly or the person might need to travel abroad soon to get a visa stamp. However, premium is not required. During the pending period, the employee can continue working for the new employer for up to 240 days even if the previous H-1B has expired in the interim (similar to extension rules) - though usually the previous approval will still be valid while transfer is pending, unless we’re at the end of the 6 years or past I-94 date.

Step 5: Outcome - approval or RFE. In most cases, H-1B transfer petitions are approved, because they’re subject to the same standards as any H-1B: the job must be a specialty occupation, wage met, etc. As mentioned earlier, H-1B continuing petitions (including transfers) had a 98% approval rate in FY2022. If an RFE (Request for Evidence) is issued, common reasons might be: need evidence of maintaining status (like additional pay stubs), questioning if the new job is specialty occupation (if it’s a very different role), or sometimes if there’s a gap beyond 60 days they might challenge portability eligibility. The employer (or their attorney) will respond to the RFE accordingly. Meanwhile, the employee can keep working during the RFE/processing.

Step 6: If approved, the I-797 approval notice comes with a new I-94 for the employee. The transition is complete; the worker typically gets up to 3 years (if requested and time remains) on the new employer’s approval. If denied, that’s more problematic: the work authorization based on portability ends immediately upon denial. The law does not provide any grace if the transfer petition is denied - the person would have to stop working for the new employer right away. However, if the old employer hasn’t withdrawn their H-1B and would take them back, the employee could potentially return to the old job (though that’s rare in practice). More often, the person would have to depart the U.S. or if eligible, file another petition (maybe correcting whatever issue caused denial, sometimes possible if within status still). Denials are uncommon, but it’s a risk. That’s why it’s important the transfer petition be thoroughly prepared.

From an employer perspective, the portability rule allows you to onboard H-1B hires quickly - often within 2 weeks or less of offer acceptance (just time to prep and file). Compare that to hiring someone from overseas or new to H-1B: you’d wait months for a lottery and start date. So portability is a huge advantage in talent acquisition, as long as you do it right.

Next, let’s delve into some key points and best practices about timing, status maintenance, and working during the process.

New Employer Start Date and Status Maintenance

One of the most common questions about H-1B portability is: “When can the person actually start working at the new company?”

As stated, the law says upon filing of the new petition (specifically, when USCIS receives it). You do not need to wait for approval. To be safe:

• Get confirmation that USCIS has received the petition (a courier delivery confirmation or the USCIS email/text receipt if you filed with G-1145).
• Ensure the employee was in status at time of filing. This typically means they were still employed with the old employer and their H-1B I-94 wasn’t expired. If they had left the old job, check that the petition was filed within 60 days of cessation of employment - within the grace period.

Example: Alice’s H-1B job at Company A ends on June 1 (she resigns). Company B files an H-1B petition for her on July 20 (which is 49 days after, within the 60-day grace). USCIS receives it July 21. Alice can start working for Company B on July 21 or any day after. If Company B filed on day 70 after her last day, that’s beyond the grace period - portability wouldn’t apply and she shouldn’t start working unless/until that petition is approved and her status is reinstated (a grey scenario best avoided).

What if the person is still employed at old employer and wants to give notice? Many H-1B workers only give notice to their current employer once the new petition is filed or even once the receipt is in hand. That’s sensible for their security. From the new employer’s side, you might have a start date that assumes they’ll join after a 2-week notice period. That’s fine. Overlap: The person legally can work for both employers concurrently (if they wanted) after the new petition is filed, since they still have an approval for A and pending for B, but usually one job is full-time so they just transition.

Maintaining status: To use portability, the person must have maintained H-1B status up to the switch. That means:

• They were working and getting paid by their old H-1B employer (no long bench without pay, which could violate status).
• They didn’t overstay their I-94. If their H-1B was expiring, the new employer ideally files before expiration. If filed after expiration, portability doesn’t apply unless the person was in an extension pending (which gives authorized stay but that’s a more complex scenario).
• They didn’t do unauthorized gigs in between (e.g., no side jobs without H-1B).
• They have recent pay stubs to prove status. Typically, USCIS wants to see pay stubs from the last couple months as evidence the person was genuinely employed on H-1B up to the transfer. If there’s a gap, they’ll scrutinize if it’s within 60 days.

60-Day Grace Period: AC21 and DHS regulations allow H-1B holders a one-time 60-day grace after cessation of employment, or until I-94 expiry (whichever is shorter). During this grace, they can remain in U.S. and find a new job and file a transfer. They can even have multiple grace periods with different employers, but only one per each job loss. This grace is crucial - if someone is terminated unexpectedly, they have up to 60 days to get a new petition filed. If they do, USCIS typically allows portability (the person is considered in “authorized period of stay” thanks to the grace). If it goes beyond 60 days without filing, the person should leave or change status; a petition filed after 60 days might get approved without an I-94 (meaning they’d have to exit and re-enter) or denied.

Employers should be aware of this timeline - it can be beneficial if you find a candidate who recently left an H-1B job, you have up to 2 months to file a transfer for them while they’re still here. But move fast; it’s first-come-first-served within that timeframe.

Concurrent H-1B (Multiple jobs): AC21’s portability also allows an H-1B worker to take a second H-1B job concurrently. In that case, the second employer files an H-1B petition (marking it concurrent). The worker can start the second job upon filing as well. There’s no limit to how many concurrent H-1Bs one can have, in theory, as long as each is part-time or otherwise the person can manage them (and they all meet wage requirements). This is used, for example, by doctors who have an H-1B at a hospital and take a concurrent H-1B at a second clinic for extra hours. Or a professor who works at one university and also consults for a company on H-1B concurrently. Each employer’s petition is separate, and portability applies to each new one.

Moving from cap-exempt to cap-subject or vice versa: This is a special case. If someone is on an H-1B for a cap-exempt employer (like a university) and wants to move to a cap-subject company, they can do so via portability only if they were originally counted in the cap. If their H-1B was only ever cap-exempt, then moving to a cap company requires them to go through the cap unless they have an unused remainder of cap time from before. If they did a cap H-1B then switched to a cap-exempt, they remain cap-counted and can port back out. The opposite direction is easier: anyone counted in cap can port to cap-exempt (nonprofits, etc.) any time.

We will cover these nuances in the FAQ, but just flagging it here: porting from a university H-1B to a private company can be tricky if the person never had a cap H-1B.

Now, consider processing times and working under portability:

• If you file in premium, you might get approval in 2 weeks, which is great for peace of mind especially if the person needs to travel abroad to get a new visa stamp for the new employer. (Technically, they can travel and re-enter with the old employer’s visa and new employer’s approval notice if switch happened, or even with receipt if emergency - but best to have approval).
• If you file in regular processing, the person can work for the new employer potentially for months before approval comes. That’s legally fine. But if it drags beyond their old petition’s expiry, remember that just filing a transfer does not by itself extend status beyond the old expiration unless you also requested an extension of stay as part of it (which you typically would if needed). If the old petition was valid through, say, 2024, and you file transfer in 2023 for another 3 years, their status is okay through pending and then gets extended upon approval. If the old one expires while transfer pending, AC21 allows them to keep working up to 240 days after expiration while it’s pending (similar to normal extension rule)reddit.com.

What if the H-1B worker has an H-1B extension pending with Employer A and then wants to transfer to Employer B? This can happen - maybe A filed an extension and there’s a big backlog, then the employee finds a new job. They absolutely can transfer. They should ideally have the extension approved or at least have been in status when B files. Portability covers this scenario too. If A’s extension is pending, the worker is in authorized period of stay, and B can file - USCIS might ask for proof of the pending extension, but they usually bridge them. The only risk: if A’s extension later gets denied after B’s is filed, it could cause B’s petition to be evaluated differently (the person might have fallen out of status the moment A’s extension was denied if I-94 expired by then). This is complicated bridging situation. Usually, if someone knows they might leave, they often premium the extension to get it resolved, or they leave relatively soon after extension filing such that hopefully it’s approved and then they port, or they port and depart and return with new visa if needed. That’s an edge case that would need careful handling.

Now, from the employee perspective, portability is a lifesaver. It means you don’t have to endure a work gap and losing income when switching jobs. You effectively have “transferable” visa status (though you do need the new employer to sponsor and file, it’s not like an open work permit, but close within the same visa category).

Next, let’s consider some scenario-based Q&As to clarify specific points, and then formal FAQs.

Example Scenarios

To illustrate how H-1B portability works, here are a couple of example scenarios:

• Scenario 1: Normal transfer with no gap - Raj is working at Employer X, his H-1B is valid until Dec 2025. In Aug 2025 he gets a job offer from Employer Y. Employer Y files an H-1B petition for him on Sept 1, 2025, and it’s delivered to USCIS on Sept 2. As of Sept 2 (filing date), Raj can start working at Employer Y. He gives notice to X and starts at Y on Sept 15. USCIS approves the petition in October 2025, with validity to 2028. Raj seamlessly continues at Y. Employer X will likely withdraw their H-1B petition for Raj after he leaves, but that doesn’t impact Raj once Y’s petition is pending/approved.
• Scenario 2: Grace period transfer - Maria’s employment with Company A ends unexpectedly on March 1, 2025 (layoff). Her I-94 was valid till 2026, but now she’s not employed. She begins searching and finds Company B willing to hire her. Company B files an H-1B petition on April 20, 2025 - which is within 60 days of March 1 (roughly day 50). USCIS gets it April 22. Maria can begin working for Company B on April 22 thanks to portability, even though her petition isn’t approved yet. She had remained in the U.S. during March/April, which is okay because she was in the 60-day grace (no need to leave). If B’s petition is approved, all good. If B’s petition unfortunately got denied, Maria would be out of status (since her grace would have been over by then) and would need to depart or, if Company A’s H-1B wasn’t withdrawn yet and still valid, maybe find another route. But since B filed nonfrivolously during grace, she’s allowed to stay until the petition is decided and work from filing.
• Scenario 3: Cap-exempt to cap-subject - Dr. Lee works on an H-1B for a research hospital affiliated with a university (cap-exempt H-1B). She never had a cap H-1B because she came straight to the hospital after residency on a cap-exempt H-1B. Now a private biotech company wants to hire her. They file an H-1B for her in July 2025. Key point: Since she’s never been counted in the cap, this petition is subject to the H-1B annual cap unless the biotech qualifies for some cap exemption. By filing in July (outside cap season), USCIS would likely have to deny or hold the petition as cap-subject for next year. So portability wouldn’t help because she wasn’t cap-counted. If the biotech waited and filed her in March for the lottery and got picked, then once filed April 2026, can she start on filing? No, because AC21 portability explicitly requires that the beneficiary be “in H-1B status” at time of filing. During lottery season, before Oct 1, she wouldn’t be in H-1B status for a private company. There is a gray area: could she keep working at the exempt hospital and concurrently port to the cap company if selected? Possibly concurrently starting Oct 1 only. But basically, an H-1B who is only cap-exempt cannot port to cap employer without going through the cap. On the flip side, if Dr. Lee had originally been on a cap H-1B then moved to the hospital, she has been cap-counted already, so the biotech can hire her anytime via portability since she’s cap-counted and in status.
• Scenario 4: Transfer while extension pending - Ahmed’s H-1B with Employer M is expiring Sept 30, 2025. Employer M files an extension in August 2025, but as of Sept 30 it’s still pending. He has proof of extension pending, so he’s authorized to keep working at M for up to 240 days past expiration. In November 2025, Employer N offers Ahmed a job. Can N file a transfer? Yes - Ahmed is considered in authorized H-1B stay (extension pending). Employer N files in Dec 2025. He can start at N upon filing (still within the 240 days of work authorization from the pending extension). But here’s a catch: the transfer petition might be adjudicated before or after M’s extension. If M’s extension later gets denied (maybe a glitch), then at that moment Ahmed’s status could be considered not continuous up to transfer filing - that could jeopardize N’s petition. Usually, if M’s was bona fide and the denial is not for status violation (like maybe an issue with company, but Ahmed was fine), USCIS might still approve N’s but possibly ask for Ahmed to consular-process. It’s complicated. A safer route: Ahmed or M could premium the extension to get it resolved, then do transfer. Or just take the small risk. There’s also the option that if M’s extension is still pending and N’s is approved first, USCIS often adjudicates transfers assuming status was fine. If M’s later denied, it might prompt an inquiry but often by then N’s is approved so they may be okay. This scenario is advanced - in practice, always try to ensure status issues are cleared up (like premium any pending extension) when doing a switch.

Okay, with scenarios in mind, let’s move to a formal FAQ to answer specific common questions about portability:

FAQ: H-1B Portability (Transfers)

Q: How do I file an H-1B portability petition when changing employers? A: From the employer’s perspective, filing a portability petition is the same as filing a regular H-1B petition, except you indicate it’s for a change of employer. You must file a Form I-129 with a new Labor Condition Application (LCA) for the new job, pay the required filing fees (including the $500 fraud fee and $750/$1500 training fee, since this is a new employer petition), and include all supporting documents. Key supporting documents for portability include proof of the beneficiary’s existing H-1B status: copies of recent pay stubs, the current H-1B approval notice (I-797) and I-94, proof of their degrees, etc. In a cover letter, you should mention that the individual is currently in H-1B status with Employer X and that you are filing under AC21 portability provisions (so USCIS knows they can begin work immediately). Once you’ve mailed the petition and have confirmation USCIS received it, the H-1B worker can start working for you. The petition will then go through normal adjudication at USCIS. If premium processing is desired, include Form I-907 and the premium fee to get a decision in 15 days. Essentially, “filing a transfer” is like any H-1B filing (with new LCA, etc.), but you don’t need to worry about the H-1B cap lottery, and you get the benefit of immediate start. It’s wise to work with an immigration attorney on this to ensure all paperwork is correct, but some employers handle transfers in-house because they’re straightforward if the role clearly qualifies as H-1B.

Q: What are the eligibility criteria for H-1B portability under AC21? A: The main criteria are:

The worker is currently in the U.S. in a valid H-1B status or in a period of authorized stay based on an H-1B (such as the 60-day grace after a job loss or an H-1B extension pending). In other words, they were lawfully admitted in H-1B status and have not violated that status.

They have already been counted against the H-1B cap (or the new job is cap-exempt). Generally, if they have an H-1B now, they’ve been counted. If their current H-1B is cap-exempt, they need to have been counted in the past or the new job must also be cap-exempt. AC21 portability is available to cap-exempt situations too, but the big distinction is cap eligibility, not portability itself.

The new employer’s petition is filed while the person is in status or within the grace period. If they’ve fallen out of status (e.g., let their H-1B expire or waited beyond 60 days after layoff), portability protections don’t apply.

The petition must be “non-frivolous” - meaning a legitimate petition with a real job offer in a specialty occupation, all information truthfully provided. This is basically always the case if you’re doing things properly.

If these are met, the worker can port. USCIS doesn’t require any special form or approval to allow portability; it’s by operation of law. They do sometimes ask for evidence of maintaining status (like pay stubs) to confirm eligibility. Also note: H-1B portability is only for changing employers (or adding concurrent employers). If the same employer files an amendment (like role change) that’s not “portability” under AC21 - that’s a different scenario. Portability under AC21 Section 105 is specifically “change of employer.”

Q: When can a new employer start work under H-1B portability? A: The new employer can have the H-1B employee start work as soon as the new H-1B petition is filed with USCIS (i.e., as soon as USCIS receives it). You do not have to wait for approval. In practice, most employers wait until they have at least the USCIS Receipt Notice or delivery confirmation to be absolutely sure it’s filed. But legally, once filed, the person is authorized to work for the new petitioner. So if you overnight the petition and USCIS receives it on a Wednesday, the H-1B worker can start with you on that Wednesday. There is no requirement to wait for even the receipt notice in hand, though many play it safe by waiting a few days for that receipt. The H-1B beneficiary can continue to work for the remainder of their H-1B validity or the 240-day extension period (if previous expired) while the transfer is pending. One thing to keep in mind: if the petition is filed but then unfortunately gets rejected (say a payment issue or missing form), that means it wasn’t properly “filed” and the work authorization would not exist. So it’s important to file a complete, correct petition to avoid rejections - another reason some wait for the receipt notice to confirm USCIS accepted the filing. But bottom line: the new employer can employ the H-1B worker upon USCIS’s receipt of the petition, thanks to AC21’s portability provision.

Q: How long does USCIS take to approve portability filings? A: There’s no special “transfer” processing time - it’s the same as any H-1B petition. Currently, regular processing can range from 2 to 6+ months, depending on the service center and workload. Many H-1B transfer petitions are processed in roughly 3-4 months if regular. With premium processing, you get an answer within 15 calendar days. So if timing is important (for example, the person might need to travel, or you just want certainty), you might use premium. Remember, the employee can work while it’s pending, but if they need to travel abroad and re-enter, they’ll need the approval notice to get a visa stamp or show at entry (if they don’t have a valid visa for the new company, though they could use the old visa with new approval in some cases). So sometimes employers premium the transfer so the person can go get a new visa stamp or just for peace of mind that it’s approved. If an RFE is issued, that can add a couple months to regular processing timeline (and premium would pause until RFE response). But on average, we often see transfers through in 2-4 months. (In FY2025, for example, California Service Center might be say 3 months, Vermont 4 months - it varies). Since the individual can work during that period, the wait is less painful than an initial H-1B where you can’t start until approval in some cases.

Q: Do I need a new LCA for an H-1B portability case? A: Yes. Each H-1B petition, even a transfer, requires a corresponding Labor Condition Application (LCA) specific to that employer, job, and location. You cannot reuse the LCA from the old employer. The new employer must file an LCA with the Department of Labor for the new job (covering the offered wage, worksite location(s), and SOC occupation code for the role). The LCA takes about 7 days to get certified. You include that certified LCA in the H-1B petition. So, an employer planning a transfer should factor in time to get the LCA done (one week). The LCA process for a transfer is identical to any H-1B: you post notice at the workplace or electronically, file it online, etc. If you’re in a hurry to file the transfer, you might start the LCA as soon as the candidate accepts the offer. Without an LCA, USCIS can’t approve the H-1B. Sometimes attorneys will file the H-1B petition with an LCA that’s still pending certification (if premium and timing is urgent), but USCIS won’t approve until they get the certified LCA - it’s not recommended. So yes, a new LCA is mandatory for the new employer’s petition, even though the worker is already in H-1B status.

Q: What documents should be included in a portability petition? A: In addition to the forms (I-129, I-129 H Supplement, etc.) and the new LCA, you should include:

• Proof of the H-1B worker’s existing status: copies of their current I-797 approval notice, current I-94 (if they’re in the U.S.), and visa stamp (if any). Also, recent pay stubs from the current/previous employer (usually last 2-3 pay periods) to show they’ve been maintaining status by working and being paid the required wage. If they have a gap under 60 days, mention that and show last pay stub from previous job and maybe a note that they left on X date (within grace).
• Evidence of qualifications: copy of the person’s diploma(s) and transcripts, plus credential evaluations if needed (just like a normal H-1B). Even though USCIS already saw it in their last case, the new petition should stand on its own merits.
• Employment offer letter or transfer offer letter from the new employer, stating the job title, duties, salary, and start date (or anticipated start upon approval/filing). This helps confirm the bona fides of the job.
• Company information: sometimes petitions include info about the new company (like a support letter describing the company, the job role, why it’s a specialty occupation, etc.). It’s good to have a support letter on company letterhead summarizing the position, the beneficiary’s background, and stating the intention to hire them under portability.
• Passport copies (all pages of passport), visa copies, and past approval notices (including the original H-1B approval that counted them in the cap, if their current one was cap-exempt or something - basically showing they were cap-counted, though typically just current approval is enough as evidence).
• Any other relevant items: if the person is near 6-year limit and you plan to extend beyond 6 years, include proof of approved I-140 or LC pending 365 days (that allows extension beyond 6 years). If the new job is at a client site, include an itinerary or client letter (similar to any H-1B).

In short, include everything you would for a new H-1B petition. The difference is you also include pay stubs to prove current status.

Q: How to avoid RFEs on an H-1B portability petition? A: The common RFE triggers for H-1B transfers are:

• Status maintenance: If you don’t include pay stubs or there was a gap, USCIS will RFE for proof the person maintained H-1B status up to the filing date. Avoid this by including pay stubs from up to the transfer filing. If a gap, include evidence it’s within 60 days and explain in the cover letter (and provide last pay stub and termination letter perhaps to document timing).
• Specialty occupation issues: Just because the person had an H-1B before doesn’t mean USCIS won’t scrutinize the new job. If the new job title is something non-traditional or at a lower wage level, you could see an RFE questioning whether it qualifies as a specialty occupation. Prevent that by writing a detailed job description and requirements in the support letter, and if the occupation is notorious for RFEs (like “Marketing Analyst” or “Business Development”), consider adding additional expert opinion or data on why it’s a degree-requiring role.
• Employer-employee relationship: If the person will work at a third-party site (consulting company scenario), you might get an RFE for evidence of client project, supervisor, etc. Include those documents initially (client letter, SOW, itinerary) to preempt that.
• Inconsistent info: If anything in the forms or documents is inconsistent (like different job titles or varying salary figures), USCIS may RFE for clarification. So double-check everything for consistency.
• Cap exemption issues: If moving from cap-exempt to cap-subject, USCIS might RFE to confirm cap-count. Provide prior I-797 showing they were counted, or clarify why petition is exempt (if new employer is non-profit etc.). Better yet, ensure the person was cap-counted before filing; otherwise, as mentioned, you might need to go through lottery.

Essentially, treat the transfer petition as seriously as an initial petition. Don’t assume it’s a rubber stamp. Provide a solid package: a clear cover letter, all required evidence, an LCA that matches the job details, etc. If you do that, most transfers get approved without RFE. Also, use premium if you want to flush out any RFE sooner and resolve it (premium RFEs tend to come quickly).

Q: Can I file H-1B portability concurrently with an extension? A: If you mean can the new employer file a petition that also extends the person’s stay, yes - any new employer can request up to 3 years or whatever time remains including extensions beyond 6 years if eligible. That new petition will come with an I-94 upon approval, extending the stay. So in effect it’s a transfer + extension in one (virtually all transfer petitions include a request to grant a new period of stay). If you mean can the person have two petitions pending - one transfer and one extension with old employer - yes, that can happen. It’s not ideal but it’s allowed. If you mean can the person start work at new employer while their old employer’s extension is pending (concurrent processes), yes, they can as described earlier, and USCIS will handle them in the order they’re decided. There’s no restriction that you can’t have both an extension and a transfer in flight. It’s just a bit more complex if the old one eventually gets denied. In summary:

• The new employer’s petition will typically include a request for extension of H-1B status as part of it (since presumably you want them for 3 years). That’s normal.
• If the person’s current H-1B is near expiry, the new petition must request an extension of stay so they remain in status, and you get an approval through a new date.
• Concurrent filings: If an employee is cautious, they might let their old employer also continue with an extension in case transfer falls through. But if transfer is approved, the old employer should withdraw their petition to avoid confusion. Some people do that as a backup.

So, yes, you can have overlapping and sequential filings. AC21 doesn’t limit the number of portability moves - someone could theoretically transfer multiple times (and indeed many do jump multiple jobs; each time the clock continues but they port as needed). Also, a fun fact: you can file a transfer even if the person is beyond 6 years but in a 1-year extension period via AC21 106(a) or 3-year via 104(c) - the new employer can get those same extensions if the person’s green card process is far along. So portability applies even late in the game (the pending/perfected green card process “travels” with them in terms of extension eligibility, though they might need to restart PERM with new employer for the green card itself).

These are the key Q&As.

To wrap up: H-1B portability has made the H-1B a much more flexible visa for workers and employers alike. Gone are the days when H-1Bs were effectively “locked in” for fear of out-of-work gaps - now talent can move in the market relatively freely (with the caveat of needing sponsorship paperwork each time). As an employer, you can tap into an existing pool of H-1B professionals without dealing with the lottery by hiring someone already here on an H-1B. Just be sure to follow the procedures correctly, and the transition can be quite smooth.

If you have any specific circumstances you’re unsure about, it’s wise to consult an immigration attorney - especially about timing if someone’s between jobs or if their visa is about to expire. And from the employee side, always maintain your status (don’t let gaps >60 days, keep evidence of employment) to preserve your portability benefits.

Gale Visa regularly helps employers process H-1B transfers quickly and correctly - often leveraging technology to gather required documents from the employee (like passport, degrees, pay stubs) and auto-generating forms. This speeds up the timeline so you can file sooner, letting your new hire start ASAP. If you’re a growing company hiring multiple H-1B transfers, Gale’s platform can simplify the workflow and ensure nothing slips through the cracks (like an unnoticed 60-day limit or missing LCA).

With this knowledge, you can confidently navigate H-1B portability and make informed hiring or job-changing decisions.

Need guidance or assistance with an H-1B transfer? Gale Visa’s AI-driven platform coordinates with independent expert legal team to help. We’ve seen countless H-1B portabilities, where new hires start on time and petitions get approved. Book a consultation with Gale Visa today to streamline your H-1B transfer process.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for advice on specific H-1B cases.