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Hi,
I would like to know what is the minimum period (if atall any) to work for a Company A (which had processed my H1b visa) so that a Company B can initiate a H1b transfer? Is it 90days or 60days or none?
I came across the AC21 Sec. 105 act (below), which defines the condition for H1b portability as follows, which suggests me that there is no period of necessity to work under Company A if Company B is willing to provide a offer and initiate H1b transfer.
So does this mean a H1b transfer can be initiated by Company B during day-1 of my employment at Company A?
Thanks
Amit
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SEC. 105. INCREASED PORTABILITY OF H–1B STATUS.
(a) IN GENERAL.—Section 214 of the Immigration and Nationality
Act (8 U.S.C. 1184) is amended by adding at the end the
following new subsection:
‘‘(m)(1) A nonimmigrant alien described in paragraph (2) who
was previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) is authorized to accept new
employment upon the filing by the prospective employer of a new
petition on behalf of such nonimmigrant as provided under subsection
(a). Employment authorization shall continue for such alien
until the new petition is adjudicated. If the new petition is denied,
such authorization shall cease.
‘‘(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien—
‘‘(A) who has been lawfully admitted into the United States;
‘‘(B) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of
the period of stay authorized by the Attorney General; and
‘‘(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United States
before the filing of such petition.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to petitions filed before, on, or after the date of enactment
of this Act.
8 USC 1184 note.
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......
I would like to know what is the minimum period (if atall any) to work for a Company A (which had processed my H1b visa) so that a Company B can initiate a H1b transfer? Is it 90days or 60days or none?
I came across the AC21 Sec. 105 act (below), which defines the condition for H1b portability as follows, which suggests me that there is no period of necessity to work under Company A if Company B is willing to provide a offer and initiate H1b transfer.
So does this mean a H1b transfer can be initiated by Company B during day-1 of my employment at Company A?
Thanks
Amit
......
.........
SEC. 105. INCREASED PORTABILITY OF H–1B STATUS.
(a) IN GENERAL.—Section 214 of the Immigration and Nationality
Act (8 U.S.C. 1184) is amended by adding at the end the
following new subsection:
‘‘(m)(1) A nonimmigrant alien described in paragraph (2) who
was previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) is authorized to accept new
employment upon the filing by the prospective employer of a new
petition on behalf of such nonimmigrant as provided under subsection
(a). Employment authorization shall continue for such alien
until the new petition is adjudicated. If the new petition is denied,
such authorization shall cease.
‘‘(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien—
‘‘(A) who has been lawfully admitted into the United States;
‘‘(B) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of
the period of stay authorized by the Attorney General; and
‘‘(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United States
before the filing of such petition.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to petitions filed before, on, or after the date of enactment
of this Act.
8 USC 1184 note.
.........
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