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Changing Employers

In this Section

Coming to Clarkson
If an individual is already in the U.S. in H-1B status but is sponsored by another employer and wants to start employment at Clarkson, the hiring department must submit an H-1B Petition request <http://www.clarkson.edu/hr/forms> to the Human Resources (HR) Department.  The prospective employee can begin employment at Clarkson once the H-1B Petition has been properly filed with US Citizenship and Immigration Services (USCIS) as evidenced by the H-1B Receipt Notice from the USCIS.  If the H-1B Petition is later denied, he or she will have to stop working immediately.

If a foreign national is currently in a visa status other than the H-1B, he or she cannot begin employment with an H-1B employer until USCIS approves the H-1B status.

Portability Provision
H-1B regulations (known as "AC21") allow individuals already holding H-1B status to begin employment with a new employer once the new petition is filed with the US Citizenship and Immigration Services (USCIS).  The foreign national can be employed under portability until a decision is made on the new H-1B petition for up to 240 days.  Assuming the new H-1B petition is approved, the employment can continue under the approved petition.  If the petition is denied, the employment must end.

It is also important to remember that filing a new petition with USCIS can take 90 days or longer due to new DOL/USCIS processing times.

Leaving Clarkson
When an employee with an H-1B status leaves Clarkson before the termination date on their H-1B approval notice, the Human Resources (HR) Department is required to notify the US Citizenship and Immigration Services (USCIS) of this material change.  Accordingly, an employee should inform the HR department if they complete their appointment prior to the expiration of their current H-1B status.

The department must notify the HR Department prior to the end of the H-1B employment if an employee resigns or his/her employment is terminated for any reason prior to the end of his/her approved H-1B employment dates.  USCIS will be notified of the termination of the H-1B employment.  The foreign national employee on H-1B status should make sure that their department is informed of their intending departure and their future contact information.

If the department terminates the foreign national employee’s H-1B employment prior to the end of the H-1B petition validity period, the sponsoring department is obligated to pay reasonable cost of transportation to the H-1B employee’s last place of residence abroad.  This requirement does not apply to dependents of the H-1B employee.  If the H-1B visa holder terminates the employment, the sponsoring department does not have to pay for the return transportation. 

In addition, the employer must advise the USCIS of any change in employment conditions, including promotion or termination.