H1B Transfer and Portability Questions

Hey all,

I would like to change jobs but my situation is rather complicated and I would need to know more about what my options are.

I hold a H1B visa with company A but stopped working for this company 2 years ago. I have been out of jobs and in violation of my status until the beginning of 2006 when I started working for another company.

Since I was obviously unable to provide recent pay stubs, I could not use portability and I had to wait for my petition to be approved, went back to my home country before coming back in the united states so that my I-94 could get amended to reflect my new employer's name . My visa itself is still at company A.

Now I want to change jobs and work for another company.

Can I use portability? And is there a way my new employer's lawyer will not find out about it?

You are presently in the U.S., working under a valid H-1B?

(How could you possibly change jobs without your present employer, and thus their lawyer, finding out? Surely at some point they will notice that you give them notice, or stop coming into the office.)

Yes but the visa has not been transfered. The amendment on the back of my I-94 is what reflects my change of employer. The INS did approve my petition though but actually transfering the visa was I believe a more complicated process given my situation. It is supposed to be addressed when I renew my visa at the end of the year (my first 3 years expire at the end of the year).

My current employer and lawyer obviouly know about all this but I would just like to keep my NEXT employer in the dark.

I guess my question would be what does it take to use portability? Just the most recent paystub and a valid current petition? this i wold be able to provide.

I would recommend working with an immigration lawyer, given the complexities of your situation.