H1B portability help.

[nsd1983]

Sir, I need a very important help.

I was under H1B from 2008 july to june 2011.My H1 got expired and I applied for B1 visa.. I found a new employer and now they applied for H1B as well. Its pending approval but I have been told to start work under H1B portability act.

I am hearing very mixed reviews about this act.

I want to make sure if i am eligible to start working under this act under my current situation. My previous H1B was under non profit and presently my new employer has changed to for profit category..The new visa will be active from Oct 1(If approved) but I still can start work from now itself under H1B portability act.

I would really thank you for any help provided in this situation.

Raj.

[nsd1983]

please somebody help.. How can others learn if we dont share the information please.

Thanks

[Attorney_22]

According to current USCIS interpretations an individual is not eligible to utilize AC21 portability with a new employer when that individual is not already in H1B status. On April 7, 2011, in a question-and-answer session with the American Immigration Lawyers Association (AILA), the USCIS confirmed what is now the agency's internal view regarding H1B portability: "H1B portability pursuant to AC21 . . . applies to nonimmigrants who are currently in H1B status or an authorized period of stay based on a timely-filed extension of an H1B status petition." Therefore, USCIS does not consider AC21 provisions as granting work authorization upon the filing of a valid H1B petition unless the Beneficiary of the petition is already in valid H1B status. Please see the following link regarding the USCIS interpretation: http://www.murthy.com/news/n_portpo.html

For a more in-depth discussion regarding this matter and the options available to you, please contact a qualified U.S. immigration attorney.