Overview
H-1B is an employer-specific visa — each H-1B petition is tied to a specific employer. However, immigration law allows H-1B workers to change employers through a process called an H-1B transfer (technically a new H-1B petition filed by the new employer). This does not require a new lottery, does not restart your H-1B clock in most cases, and can be done at any time of year.
H-1B Portability Rules
Under the American Competitiveness in the Twenty-First Century Act (AC21), H-1B workers can start working for a new employer as soon as the transfer petition is filed (not when it is approved), provided:
- You are currently in valid H-1B status
- The new employer files a cap-exempt H-1B petition before your current status expires
- The new position is also a qualifying specialty occupation
- There is no lapse in your authorized status between jobs
This means there is typically no gap in your work authorization when changing employers — the worker can start with the new employer the day after your current employer’s petition is received by USCIS.
How to Transfer Your H-1B
Timing Your Transfer
The safest approach is to have your new employer file the transfer petition before you give notice at your current job. This ensures portability protection is in place before you leave. If you resign first, ensure there is no gap between your last day at the old employer and the filing date of the new petition.
AC21 Portability — Changing Jobs During Green Card
If your employer is filing your green card, changing employers requires additional consideration. Under AC21 extended portability:
- Your I-140 must have been approved and pending for 180+ days, OR your I-485 must have been pending for 180+ days
- The new position must be in the same or similar occupational classification (same SOC code or closely related)
- Your priority date from the approved I-140 can be preserved even with a new employer
Before changing employers during a pending green card, consult an immigration attorney to confirm AC21 eligibility and ensure the transition is documented properly.
Risks to Avoid
- Gap in authorized status. Any gap between your last authorized day at the old employer and the filing of the new petition creates unauthorized presence. Coordinate timing precisely.
- Traveling internationally during transfer. If you travel outside the US while your transfer petition is pending (before approval), re-entry can be complicated. Consult your attorney before any international travel during the transfer period.
- Losing green card priority date. If you change employers before your I-140 is approved (or before it has been approved 180+ days), you may lose your priority date. Plan carefully if your employer is mid-PERM or mid-I-140.
- New job not specialty occupation. The transfer petition can be denied if the new position does not meet H-1B specialty occupation requirements. Ensure your new role qualifies before filing.
New Employer Checklist
- Confirm new employer is willing to sponsor H-1B transfer. Most large employers do this routinely, but confirm before accepting an offer.
- Confirm new employer is cap-exempt or that you are transferring (not subject to lottery). H-1B transfers are always cap-exempt — no lottery needed.
- If in green card process, confirm new employer is willing to continue sponsorship or that you qualify for AC21 portability.
- Provide all previous I-797 notices to the new employer’s attorney. A continuous chain of approved petitions documents your H-1B history.
- Do not start working for the new employer until the petition is received by USCIS. Filing receipt, not approval, triggers portability.