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E-verify for Pending H1B (URGENT HELP NEEDED)

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  • E-verify for Pending H1B (URGENT HELP NEEDED)

    I am having a pending H1b under regular processing, my new company is a government contractor and they wanted to do my e-verification. Since, I was on H1b from past 6 years and got laid off and my H1b status got changed to H4. Now, that I have got a job back again with a pending H1B.

    My company e-verified me with my passport number and I got a non-confirmation. They did re-tried and everified me based on my I-94 number. Any idea why I am getting tentative nonconfirmation?

    My lawyer says I can work based on H1b Portability Provision.
    Section 214(n) of the Immigration and Nationality Act is the so-called “H-1B Portability Provision.” It allows a person who was previously issued nonimmigrant status as an H-1B to accept new employment upon the new employer’s filing of an H-1B petition on their behalf. Employment authorization under this provision begins when the petition is filed by the new employer and continued until the new petition is fully adjudicated. Please see the complete text of the H-1B Portability Provision below. Also, note that there is no requirement that a person be actively in H-1B status to benefit from the provision. Rather, it applies to anyone who was previously issued H-1B status or an H-1B visa.

    Since you have previously had H-1B status, and your new employer has filed an H-1B petition on your behalf which is still pending, and since you have not worked without authorization you are covered by this provision.
    Last edited by nitutaneja; 06-02-2014, 11:59 AM.

  • #2
    2 issues

    These are two separate issues. Consult your new company's attorney. You should not be fixing this, the company should.

    If you have an unexpired I-94 and a visa (visa stamp expired or not) you are safe. If you are on an H4, you are not portable.

    more info here on tent nonconfirm here: http://www.uscis.gov/e-verify/employ...onconfirmation