H1B Transfer Guide: How to Change Employers
How to transfer your H1B to a new employer, portability rules, timing, and what to watch out for during the job change.
1H1B Portability Basics
The American Competitiveness in the 21st Century Act (AC21) allows H1B workers to change employers while maintaining H1B status, as long as the new employer files a transfer petition and the worker has been in H1B status for at least 180 days. The worker can begin working for the new employer as soon as the transfer petition is filed (not just approved).
2The Transfer Process
The new employer files an LCA with DOL and then a Form I-129 transfer petition with USCIS. The petition must show the worker has valid H1B status, the job is a specialty occupation, and wages meet prevailing wage requirements. The new employer's attorney typically leads this process. The transfer doesn't start a new 6-year H1B clock — it continues from where the current H1B stands.
3Timing: When Can You Start?
Once the new employer's I-129 is filed (receipt notice in hand), the worker can begin working for the new employer under portability. This applies even if the petition hasn't been approved yet. However, if the transfer petition is later denied, the worker loses status and must stop work immediately. This is why it's important to work with an experienced immigration attorney.
4What If You Have an I-140 Pending?
If your priority date in the green card process is more than 365 days old and your I-140 has been approved, your H1B can be extended indefinitely beyond the 6-year cap (in 1- or 3-year increments) even after changing employers. The new employer takes over your green card sponsorship or you maintain your priority date through a new employer's PERM.
5Common Mistakes to Avoid
Don't quit your current job before the new employer's I-129 is filed. Don't let your H1B expire before the transfer petition is filed. Be aware that USCIS may audit the transfer (especially if you're moving to a consulting or staffing firm). Keep records of your continuous H1B status and all approval notices.
Frequently Asked Questions
Do I need a new lottery to transfer my H1B?
No. H1B transfers don't require going through the lottery again. You've already been counted against the cap. The new employer files a transfer petition directly with USCIS.
Can I transfer to any employer?
You can transfer to any employer who is willing to sponsor you and whose position qualifies as a specialty occupation. The new employer doesn't need previous H1B experience, but it helps if they have immigration counsel.