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

To change jobs on an H-1B, your new employer files a fresh H-1B petition (an H-1B transfer) for you, and if you are in valid H-1B status you can usually start the new job once it is properly filed.

Changing jobs on an H-1B feels risky because your status is tied to one employer. This guide walks through each step, who does what, which fees apply, when you can start work, and what U.S. Department of Labor data shows about how common transfers are.

According to our analysis of U.S. Department of Labor LCA disclosure data (FY2022 to FY2026), 17.5% of certified H-1B filings that record an employment type were change-of-employer filings. You are far from the first person to make this move.

This guide is general information, not legal advice. Your employer's immigration attorney, or an independent one, should confirm each step for your case.

Can you change jobs on an H-1B visa?

Yes. H-1B holders can change employers, but the new employer must file a new H-1B petition, called a transfer, and you must keep valid status while it is pending.

Your H-1B approval belongs to a specific employer and job. A new employer cannot rely on your current approval, so USCIS must approve a new petition that names the new job, worksite and wage. The employer files it, not you.

Two documents drive the process: a certified Labor Condition Application (LCA) from the Department of Labor, and the petition itself, Form I-129, filed with USCIS.

What are the steps to change jobs on an H-1B?

Changing jobs on an H-1B takes seven steps, from the job offer to the decision on the new petition. Your new employer handles most of them, but you supply documents and watch your own deadlines.

Step	Who does it	What happens
1. Job offer	You and the new employer	You agree on title, duties, worksite and salary. The salary must meet the wage rules for the role, and the LCA and petition must cover where you will actually work, including a home office for a remote job.
2. Labor Condition Application	New employer	The employer files an LCA with the Department of Labor, which usually decides within seven working days, and waits for certification before the petition goes to USCIS.
3. Documents	You	You send your passport, I-94 record, approval notices, degree records and resume.
4. Form I-129 filing	New employer, usually through an attorney	The employer files the petition with the LCA, the fees and supporting evidence.
5. Receipt notice	USCIS	USCIS sends the employer a receipt notice (Form I-797C) that shows the petition was received and when.
6. Start work under portability	You	If you meet the portability conditions, you may begin working for the new employer without waiting for approval.
7. Decision	USCIS	USCIS approves, denies, or asks for more evidence (a Request for Evidence, or RFE). An approval comes with a new Form I-797 approval notice.

Keep every notice USCIS sends. Your next employer, extension or green card filing will ask for them again.

Since September 2026, an executive order directs DHS, the Department of Labor and the State Department to consider whether a sponsoring employer has had, or plans, layoffs when reviewing H-1B filings. Implementing guidance had not been issued as of October 2026. If your new employer recently cut staff, ask its attorney whether to expect closer review.

For a longer walkthrough, see our H-1B transfer guide and the plain-language H-1B transfer rules.

Can I start working for the new employer before the transfer is approved?

Often yes. Under H-1B portability, you can start working for a new employer once the new petition is properly filed, or on its requested start date if that is later, without waiting for approval, if you meet the conditions below.

Portability comes from section 105 of the American Competitiveness in the Twenty-First Century Act (AC21), which became INA 214(n), and from 8 CFR 214.2(h)(2)(i)(H). The main conditions are:

• You were lawfully admitted to the United States in H-1B status.
• Your new employer files a non-frivolous H-1B petition before your authorized stay expires.
• You have not worked without authorization since your last admission.

Portability carries a real risk. If USCIS denies the petition, your permission to work for the new employer ends. Do not resign from your current job until the new employer's attorney confirms that you qualify and the receipt notice is in hand.

Starting on the receipt is legal, but many workers wait for the approval before resigning, and some employers set the start date only after approval. Premium processing makes that wait short. Ask the new employer which it expects before you give notice.

For the edge cases, read our guides to H-1B portability and the AC21 180-day rule. If your current H-1B petition is still pending, start with transferring before your H-1B is approved.

What if my I-94 expires while the transfer is pending?

If the new employer filed before your authorized stay ended, your permission to work for it under portability generally continues while the petition is pending and ends if USCIS denies it.

You may see a "240-day rule" quoted for this situation. That rule, in 8 CFR 274a.12(b)(20), lets you keep working for the same employer for up to 240 days after your I-94 expires while a timely filed extension is pending. A job change relies on portability instead, so do not plan a move around the 240-day rule.

How long does an H-1B transfer take?

Timing depends on the processing track and on the USCIS office handling the petition, and neither is fixed. Regular processing times are posted on the USCIS processing times page, and premium processing (Form I-907) is a paid option under which USCIS takes action on an H-1B petition within 15 business days.

Portability changes what the wait means for you. If you qualify, you can work while the petition is pending, so the wait affects your travel plans more than your paycheck.

Add time before filing, too. The LCA must be certified first, and your employer needs your documents. Ask the employer for a target filing date in writing.

What does an H-1B transfer cost, and who pays?

A transfer carries several government fees, and federal rules put the main ones on the employer, not on you. Amounts change, so check the current USCIS fee schedule (Form G-1055) before filing.

Fee	Usually paid by	Notes
Form I-129 base filing fee	Employer	Set in the USCIS fee schedule, which is revised from time to time.
ACWIA training fee	Employer	The law bars the employer from passing this fee on to you.
Fraud Prevention and Detection fee	Employer	Charged on H-1B petitions that change employer.
Asylum Program fee	Employer	Added by the April 2024 fee rule. The amount depends on the size and type of employer.
Premium processing (Form I-907)	By agreement	Optional. It buys a faster decision, not a guaranteed approval. Settle who pays in writing before filing.
Attorney fees	Usually the employer	Agree this before you accept the offer.

Ask your new employer to confirm in writing which fees it will pay. Employers also may not deduct business costs from your pay if the deduction pushes your wage below the required wage.

Which documents does the new employer need from you?

The new employer's attorney will usually ask for identity and status records, proof of your education, and your recent H-1B paperwork.

• Passport and any visa pages, plus your most recent I-94 record.
• Every H-1B approval notice (Form I-797), including those from earlier employers.
• Degree certificates and transcripts, plus a credential evaluation if your degree is from outside the United States.
• Your current resume and the job description from the new employer.
• Recent pay stubs, if the attorney asks for them.

Pay stubs are a common request but not a universal one. Our guide to transferring without pay stubs covers what to do if you lack them, and the H-1B transfer checklist helps you track every item.

Can I transfer after unpaid bench time or a gap in pay?

Often, but a gap is the weakest part of your file. USCIS asks for evidence that you kept your status, and unpaid time can lead to a Request for Evidence or a denied extension of stay.

If your employer has no project for you, the rule is on your side. Under Department of Labor rules on nonproductive time, an employer that benches you for lack of work must keep paying the wage on your LCA. It does not owe pay for time off you take for your own reasons, such as a voluntary leave, and the duty ends after a genuine termination that the employer reports to USCIS.

For the transfer, that means three things:

• Keep every pay stub, offer letter and email about your bench period. The new employer's attorney will want to show you stayed in status.
• If you were benched without pay, tell the attorney before filing. Hiding a gap is worse than explaining it.
• USCIS can approve the new petition but refuse to extend your stay if it finds you fell out of status. You would then need to leave and come back on a visa to start the job.

Our guide to transferring without pay stubs covers what to send when the records are thin.

Who is the immigration attorney working for?

In a transfer, the attorney who prepares the petition usually represents the new employer, not you. The employer is the petitioner and the client.

That is normal, and your interests usually line up with the employer's. If you have your own questions about status, travel or your green card timeline, you can pay for an independent consultation. Our H-1B attorney guide explains what to ask.

What if I am laid off or in the 60-day grace period?

If you lose your job, you generally have up to 60 consecutive days, or until your authorized stay ends if that comes sooner, to find a new sponsor, change status, or leave the United States. You get this grace period once per authorized validity period, and DHS can shorten it. In September 2026 DHS proposed removing this grace period. It is a proposal, not a final rule, so the 60 days still apply today; check its status if you are laid off.

If the rule becomes final as proposed, your status would end the day after your job ends unless something else lets you stay. The practical lesson works either way: get the new employer to file before your last day if you can. According to DHS's own count in that proposal, new employers filed for 18,975 laid-off or departing workers within the 60-day window from FY2021 to FY2025, about 3,795 a year.

A new employer can file the transfer petition during that window. Filing before the grace period ends is what matters, so start the search at once and tell recruiters your exact deadline. Whether portability applies during a grace period depends on the facts, so confirm it with an attorney. The rule itself is in 8 CFR 214.1(l)(2).

Read our grace period guide and what to do after an H-1B layoff for the full picture.

Does an H-1B transfer count against the annual cap?

Generally no. If you were already counted against the H-1B cap in the past six years, or you work for a cap-exempt employer, a new employer's petition for you is not subject to the annual cap or the lottery.

That is why transfers can be filed all year, while first-time cap-subject petitions go through the annual registration lottery.

Can I move from a cap-exempt employer to a cap-subject employer without the lottery?

Usually not, unless you were counted against the cap before. If you have only held cap-exempt H-1B status, a full move to a for-profit employer generally needs a lottery selection first.

Cap-exempt employers include universities, nonprofits affiliated with them, and nonprofit or government research organizations. If you were counted against the cap in the past six years, for example at an earlier private employer, the move does not need the lottery.

There is one narrow route without the lottery: concurrent employment. A cap-subject employer can file for a second, concurrent job while you keep the cap-exempt one. If the cap-exempt job ends, you become subject to the cap, so plan this with an attorney before you resign from either job.

Do I need a new visa stamp after an H-1B transfer?

Not to keep working in the United States. A visa stamp is needed only to enter the country, so you need a valid one when you return from international travel.

Many workers re-enter on an unexpired stamp issued for a previous employer, carrying the new approval notice.

Travel while the petition is pending is where people get hurt. If the petition asks for a change of status, leaving the United States while it is pending abandons that request under 8 CFR part 248, and you would need a new visa stamp abroad before starting the job. Ask your employer's attorney before you book any international trip while the petition is pending.

What happens to my green card case if I change jobs?

It depends on how far the green card case has gone. An I-140 approved for 180 days or more generally keeps its priority date even if your old employer withdraws it.

The 180-day protection is in USCIS policy on AC21 portability. It also keeps you eligible for H-1B extensions beyond six years. Those extensions come in one-year steps once a labor certification or I-140 has been pending 365 days, or three-year steps with an approved I-140 when no visa number is available.

If you have already filed Form I-485 to adjust status and it has been pending 180 days or more, you can move the green card case to a new job in the same or a similar occupation. You do this with Supplement J. USCIS rejects a Supplement J filed before the 180 days are up. This is a separate rule from H-1B portability, so a job change with a pending I-485 may need both. Our guide to the AC21 180-day rule covers the details.

What happens to my spouse and children on H-4?

Your family's H-4 status follows your H-1B, so they need their own filing for the new petition. Dependents cannot be added to the employer's Form I-129.

Each family member applies on Form I-539. USCIS decides it together with your petition only if it is packaged with the I-129 and filed at the same time and place, so ask the attorney to file them together. An H-4 spouse who also files for a work permit (Form I-765) waits until USCIS decides both your H-1B and their H-4 eligibility.

Can I change employers while I am outside the United States?

Yes, but portability does not cover it. The new employer can file while you are abroad, and you can start work only after approval, a visa stamp if you need one, and admission in H-1B status.

Portability is for workers in the United States. When you are outside, the employer files Form I-129 asking USCIS to notify a U.S. consulate. After approval you book a visa appointment, unless you already hold an unexpired H-1B stamp, and you start the job when you are admitted.

Check one more cost question before the employer files. A September 2025 presidential proclamation added a payment for certain new H-1B petitions for workers outside the United States without a valid H-1B visa. A federal court vacated USCIS's guidance on it in June 2026, and USCIS says it is complying while the government appeals. Ask the attorney to confirm the current position on the USCIS H-1B page before filing.

If you are in the United States and can wait, filing before you travel is usually simpler. Leaving while a change of status is pending abandons it, as explained in the visa stamp section above.

What happens if the transfer is denied?

If USCIS denies the petition, you lose the right to work for the new employer, and your status depends on what remains valid from your earlier approval.

Stop working for the new employer the day you learn of the denial. If your old employer has not withdrawn its petition and its approval is still valid, returning to that job may be an option. Whether a new grace period starts after a denial is unsettled, so speak to an attorney that day rather than counting on extra time.

Your next step depends on why the petition was denied and whether a new filing, a motion or an appeal makes sense. Our guide to what to do if your H-1B transfer is denied explains the common reasons and your options.

What does the data show about H-1B transfers?

According to our analysis of U.S. Department of Labor LCA disclosure data (FY2022 to FY2026), 289,369 of 1,650,584 certified H-1B filings that record an employment type, or 17.5%, were change-of-employer filings.

These are filings, not people. One worker can appear more than once, and FY2026 covers only part of the year.

Fiscal year	Change-of-employer filings	Filings with a recorded type	Share
FY2022	40,378	217,577	18.6%
FY2023	45,316	205,058	22.1%
FY2024	99,897	594,805	16.8%
FY2025	81,929	520,887	15.7%
FY2026 (partial year)	21,849	112,257	19.5%

Source: H1BVisaJobs.com analysis of U.S. Department of Labor LCA disclosure data, FY2022 to FY2026.

According to the same analysis (FY2022 to FY2026), the median annual offered wage on change-of-employer filings was $128,461, with the middle half of filings between $101,483 and $163,363.

Software Developers led by volume with 95,729 change-of-employer filings, followed by Software Developers, Applications (13,673) and Computer Systems Engineers/Architects (12,519). California (59,179 filings) and Texas (49,230) led by state, ahead of New York (20,820) and Washington (20,233).

Employer	Change-of-employer filings	Share of its filings	Median offered wage
Amazon.com Services LLC	6,791	14.7%	$155,300
Meta Platforms, Inc	4,444	23.6%	$193,000
Microsoft Corporation	4,161	14.5%	$165,800
Google LLC	3,300	11.0%	$180,000
Tata Consultancy Services Limited	3,251	11.9%	$120,000

Source: H1BVisaJobs.com analysis of U.S. Department of Labor LCA disclosure data, FY2022 to FY2026.

See the full H-1B transfer data page and our list of employers that hire H-1B transfers.

What else do people ask about changing jobs on an H-1B?

Should I tell my current employer before the transfer is filed?

You have no legal duty to tell your current employer before the new employer files. Check your employment contract for notice terms, and give notice only after you have a receipt notice or a firm start date.

Is there a limit on how many times I can change employers?

There is no fixed limit on the number of employer changes. The total time you can spend in H-1B status is generally capped at six years, with exceptions such as certain green card based extensions.

Can I work for two employers at the same time?

Yes. Concurrent employment is allowed when each employer files its own petition for its part-time or additional role.

Is there a faster way to transfer my H-1B?

Yes, in one sense. Your employer can pay for premium processing (Form I-907), under which USCIS takes action within 15 business days. That action can be an approval, a denial or a Request for Evidence. It speeds up the decision, not your eligibility, and the petition must still be complete and correct.

What if the transfer is approved but I decide to stay with my current employer?

Approval alone does not oblige you to take the job. Tell the new employer promptly and ask its attorney whether the petition should be withdrawn.

How many pay stubs should I send?

There is no universal number. Attorneys commonly ask for your most recent stubs, often two or three, but the attorney handling your petition decides what to include.

What should you do next?

Before you change jobs on an H-1B, confirm your status dates, ask the new employer who will file and who will pay, and gather your documents before you give notice. Then compare employers with real DOL filing history in our H-1B sponsor directory, or browse current H-1B jobs.