Important: This information is provided to give you as an administrator or faculty member a better understanding of the process. Under no circumstances should you attempt to advise someone on immigration matters. Legal requirements are highly complex and failing to consult with our office could have catastrophic consequences for the new employee.
"Porting" (Transferring) H-1B Status from Another Employer to the University of Chicago
An employee who is currently in H-1B status with another employer in the U.S. can transfer that status to the University of Chicago. To do so, a couple of things are required:
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The employee must have H-1B time left, and
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The University of Chicago must file a petition BEFORE the employee leaves the previous employment
Additional things to know:
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There is no such thing as an 'abbreviated' petition. All petitions require full documentation and the complete standard process that applies to any H-1B petition
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The same time lines apply for submitting a request to OIA and all other steps of the petition
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Filing fees apply
The new employee can cease employment with the previous employer and begin employment at the University of Chicago as soon as OIA has received the Receipt Notice from USCIS. (It will automatically come to the department and to the Payroll Office.)
Allowing a new employee to cease employment with the previous employer and begin employment with the University before a Receipt Notice has been received by OIA carries significant risk to the new employee, such as potentially having to leave the U.S. after that employment here has begun with the employee's return and return date uncertain.