Changing jobs on H-1B: how a transfer works

On H-1B, your work authorization is tied to your employer. Changing jobs means your new employer files a new H-1B petition for you, which people usually call an "H-1B transfer". Done in the right order, you can move without a gap.

How it works

You accept an offer from an employer that will file an H-1B petition for you.
The employer files a Labor Condition Application, then Form I-129 with USCIS.
You can usually start working for the new employer as soon as USCIS receives the petition, without waiting for approval, if you were lawfully admitted to the US, you have not worked without authorization, and the petition is filed before your authorized stay ends.

This is called H-1B portability. Keep the USCIS receipt notice.

Do you go through the lottery again?

Usually not. If you have already been counted against the H-1B cap in the last six years, a new cap-subject employer can file for you without a new lottery.

The exception: if your H-1B so far has only been with a cap-exempt employer, such as a university or a non-profit research organization affiliated with one, and you have never been counted against the cap, moving to a cap-subject employer means going through the lottery.

If your job ends

After your employment ends you have a grace period of up to 60 days, or until your I-94 expires if that is sooner. In that window you can find an employer to file a new petition, change to another status, or leave the US. It is available once per authorized validity period.

What to have ready

Employers usually ask for your current approval notice (I-797), your I-94, your passport and your recent pay stubs, which show you have kept your status.

Rules change

Fees and selection rules for new H-1B petitions have changed recently. Before you resign from your current job, ask the new employer's immigration attorney to confirm what applies to your case.

Where we fit

We look for employers that file H-1B petitions, including cap-exempt employers where that fits, then send the applications and prepare you for the interviews. We are not a petitioning employer and we don't give immigration advice.