How to Change Jobs in the U.S. on an H-1B Visa: Transfer Rules, USCIS Conditions, and Key Risks Explained

How to Change Jobs in the U.S. on an H-1B Visa: Transfer Rules, USCIS Conditions, and Key Risks Explained

By Sandipsingh Rajput
Published on Amezing News And Free Tools Kit — (https://www.amezingtoolkit.in/)
Editorial Source: U.S. Citizenship and Immigration Services (USCIS), Department of Labor (DOL), and Official H-1B Visa Policy Documents.

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Introduction

Changing jobs while living and working in the United States on an H-1B visa is possible — but it comes with a web of legal rules, time-sensitive paperwork, and immigration conditions. Many skilled workers from India and other countries move to the U.S. under the H-1B visa program, which allows U.S. companies to hire foreign professionals in specialized fields such as IT, engineering, finance, healthcare, and research.

However, the process of switching employers on an H-1B visa is not as simple as resigning and joining another firm. It involves multiple legal steps — including filing a new petition, maintaining lawful status, and avoiding any gap in employment that could violate USCIS conditions.

In this article, we break down the process in simple English — so you clearly understand how an H-1B visa transfer works, what the key risks are, and what documents you need before taking your next career step in the U.S.

What Does “H-1B Transfer” Actually Mean?

The term “H-1B transfer” is a common phrase, but technically, there’s no official transfer in the legal sense. The U.S. Citizenship and Immigration Services (USCIS) does not transfer a visa — it simply allows a new employer to file a new H-1B petition on your behalf.

If you already hold valid H-1B status (meaning you were counted against the annual cap once before), you don’t need to go through the lottery again. Your new employer files Form I-129 (Petition for a Nonimmigrant Worker), and once USCIS receives it, you can often start working for the new company — even before the petition is fully approved.

This process is sometimes called “portability” under the American Competitiveness in the 21st Century Act (AC21).

Basic USCIS Conditions for Job Change

Here are the main USCIS rules you must follow when changing jobs under H-1B:

1. Valid H-1B status:
   You must currently hold an approved H-1B visa and be lawfully employed by your current sponsor.

2. Timely filing:
   The new employer must file your new H-1B petition while you’re still employed with your current company — this prevents a gap in your lawful status.

3. Offer of employment:
   You must have a valid job offer from a U.S. employer who meets all Department of Labor (DOL) wage and working condition requirements.

4. LCA (Labor Condition Application):
   Your new employer must get a certified LCA from the Department of Labor showing that you’ll be paid the required wage for your occupation and area.

5. Continuous stay:
   You must remain physically in the U.S. during the transition period and not overstay your I-94 expiry date.

Step-by-Step Guide to Change Jobs on an H-1B Visa

Let’s break down the process into simple, actionable steps:

Step 1: Get a Written Offer from the New Employer

Before anything else, ensure your new employer is E-Verified and eligible to sponsor H-1B workers. They should give you a written offer letter with salary, location, and job description.

Step 2: The New Employer Files for LCA

The company files a Labor Condition Application (Form ETA-9035) with the U.S. Department of Labor. This step ensures you’ll receive the prevailing wage and similar working conditions as U.S. employees.

Step 3: File H-1B Petition (Form I-129)

After the LCA is certified, your new employer files Form I-129 with USCIS. You will need to provide documents like:

• Current H-1B approval notice (I-797)

• Passport, I-94, visa copy

• Latest pay stubs and employment letter

Step 4: Start Work under Portability (Optional)

Under AC21, you can start working for the new employer as soon as USCIS receives the new petition (i.e., after getting the receipt notice). However, most experts recommend waiting until the petition is approved — especially if your previous employer has withdrawn your H-1B.

Step 5: Wait for Approval and Continue Working

Once the H-1B transfer is approved, you’ll receive a new I-797 approval notice, confirming your continued H-1B status with the new employer.

Key Risks You Must Avoid

1. Job Gap Risk:
   If you leave your old employer before the new petition is filed, you create a gap in status — making you technically “out of status.” Always ensure overlap between old and new employment.

2. Rejection Risk:
   If USCIS rejects your new petition and you’ve already left your old employer, you may have to leave the U.S. immediately or reapply from abroad.

3. Multiple Transfers:
   Frequent job hopping under H-1B may raise red flags during visa stamping or future extensions.

4. Layoff During Transfer:
   If you get laid off before the new petition is approved, you’ll have a 60-day grace period to find another sponsor or leave the country.

Real-World Scenario (Example)

Let’s take an example:
Ravi, an IT engineer from Bengaluru, is working for Company A in Texas. He gets a new offer from Company B in California. Company B files an H-1B transfer petition while Ravi is still employed. Once the USCIS issues a receipt, Ravi starts working with Company B without any gap. A few weeks later, the petition gets approved, and Ravi continues working legally — smooth and safe transition.

If Ravi had quit before Company B filed the petition, he would have gone “out of status,” risking his legal stay.

Documents Checklist

To successfully file an H-1B job change, prepare these documents:

• Valid passport and visa stamp

• Latest I-94 record (from CBP website)

• H-1B approval notice (I-797)

• Pay slips for last 3 months

• Employment verification letter

• Updated résumé

• Copy of degree certificates

• Copy of most recent LCA (optional)

Processing Time and Premium Option

The average H-1B transfer processing time is 2 to 8 months, depending on the service center. However, you can request Premium Processing by paying an extra $2,805, which ensures a 15-calendar-day response from USCIS.

Premium Processing is highly recommended when:

• Your I-94 is expiring soon

• You need faster job switching

• You have international travel plans

Travel During H-1B Transfer

Avoid traveling abroad while your H-1B transfer is pending. If you leave the U.S. before the petition is approved, USCIS may consider it abandoned.
Once approved, you can travel with your new approval notice and old visa stamp (if still valid).

What If You Are Laid Off Before the Transfer?

If you lose your job before your new petition is approved, don’t panic. USCIS allows a 60-day grace period (or until I-94 expiry, whichever is shorter) to find another job or leave the U.S.

During this time, you can:

• Look for a new H-1B sponsor

• Change status (e.g., to B-2 visitor or F-1 student)

• File for dependent status if applicable

This flexibility is part of the USCIS 2017 “high-skilled worker rule” designed to protect H-1B holders from sudden layoffs.

Common Myths About H-1B Transfers

1. “You must wait for approval to start working.”
   ❌ False — You can start after USCIS receives the petition (if you are in valid status).

2. “Each transfer uses up your 6-year limit.”
   ❌ False — The 6-year total limit doesn’t reset with transfers.

3. “Your visa stamp must match your new employer.”
   ❌ Not necessary — as long as the visa is valid and you carry the new I-797 approval.

Expert Tips for Smooth Job Transition

• Always keep multiple copies of your approval notice and receipt.

• Never resign before your new employer confirms that USCIS has received the petition.

• Stay in touch with your new employer’s immigration attorney to track progress.

• Check USCIS case status online using the receipt number.

• Avoid overlapping or unpaid bench periods that violate wage rules.

Editorial Transparency

This article is part of Amezing News And Free Tools Kit’s Employment and Immigration Awareness Series, authored by Sandipsingh Rajput.
We rely on verified information from official sources including:

• U.S. Citizenship and Immigration Services (USCIS.gov)

• Department of Labor (dol.gov)

• Immigration and Nationality Act Section 214

Our aim is to simplify complex immigration topics for general readers without offering legal advice. Always consult a qualified immigration attorney before making major visa-related decisions.

The End

Changing jobs on an H-1B visa is fully possible — but it demands careful timing, legal awareness, and patience. Always ensure that your new employer files the petition before you resign, and that you remain in valid status throughout.

With the right steps — proper documentation, LCA certification, and adherence to USCIS rules — you can transition smoothly, grow your career in the U.S., and maintain lawful H-1B status without stress.

Your American career dream can continue — just make sure it’s built on the foundation of knowledge and compliance.

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Author: Sandipsingh Rajput
Site: Amezing News And Free Tools Kit — https://www.amezingtoolkit.in/
Category: U.S. Immigration / Work Visa News
Source: Official USCIS and DOL policy guidelines, 2025 updates
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