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Legal· 6 min read

H-1B Transfer & Portability — Switching Employers

AC21 portability lets H-1B workers start a new job upon filing — not approval — of the new I-129. Knowing the rules avoids status gaps.

H-1B portability (AC21 §105) lets you start work for a new employer as soon as USCIS receives a non-frivolous H-1B petition. You're not subject to the lottery again — transfers are cap-exempt.

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