H-1B Change of Employer: Portability Rules and RFE Prevention Tips

H-1B portability allows many workers to start with a new employer after filing, but weak documentation can still trigger an RFE. A strong initial petition reduces disruption and payroll risk.

Job duty detail matters. Position descriptions should connect daily duties to the specialty occupation requirement and show why a specific degree field is normally required.

Include complete maintenance-of-status evidence such as pay stubs, prior approval notices, and current I-94 records. Gaps or inconsistencies often create avoidable government questions.

Employers should align LCA worksites, compensation data, and internal job levels before filing. Consistent records across HR and legal teams help petitions withstand scrutiny.