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The University of Oklahoma Human Resources Website

H-1B Portability Provision (Change of Employers)

The AC21 “Act” portability provisions allows a nonimmigrant worker previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files a “non-frivolous” H-1B petition for the worker.

The portability provisions described in AC21 relieve the nonimmigrant worker from the need to wait for approval notification from the USCIS before commencing H-1B employment with the new employer.

University Departments cannot place the nonimmigrant worker on payroll without the USCIS I-797C Receipt Notice issued to the University of Oklahoma. This notice proves the university has filed a non-frivolous H-1B petition and is necessary to meet I-9 employment eligibility verification requirements.  The receipt notice normally arrives approximately 2 weeks after the University’s filing date.

Exceptions to the Receipt Notice requirement may apply for those cases experiencing delays due to USCIS Service Center Receipt processing times.