Process for Changing Employers While on H1B: A Complete Guide
Changing employers while on an H1B visa is a common scenario faced by many tech professionals in the U.S., especially in hubs like New Jersey, California, and Texas. Whether due to better opportunities, layoffs, or career growth, understanding the correct process for changing employers while on H1B is essential to maintain legal status and ensure a smooth transition.
This guide from Techotlist provides a clear, step-by-step overview of the process, important legal terms, practical advice, and answers to frequently asked questions.
Quick Summary
H1B transfer requires filing a new petition by the prospective employer.
You can start working for the new employer once USCIS receives the transfer petition.
Maintain valid H1B status to avoid unlawful presence.
Key documents include current H1B approval, pay stubs, and passport.
USCIS processing times vary; premium processing is available.
Consider local factors like layoff laws in New Jersey or stamping requirements in Hyderabad.
What is H1B Transfer?
H1B transfer is the process where an H1B visa holder changes their employer by having the new employer file a new H1B petition with the United States Citizenship and Immigration Services (USCIS). Unlike a fresh H1B petition, a transfer does not require going through the lottery if the worker already has an approved H1B visa.
Step-by-Step Process for Changing Employers While on H1B
1. Receive a Job Offer from the New Employer
Confirm the new role and salary comply with prevailing wage laws.
Verify the job location (e.g., New Jersey, California) as it impacts the Labor Condition Application (LCA).
2. New Employer Files Labor Condition Application (LCA)
The LCA must be filed and certified by the Department of Labor (DOL).
This process typically takes about 7 business days.
3. New Employer Files Form I-129 (H1B Transfer Petition)
Submit Form I-129 along with the certified LCA and supporting documents to USCIS.
Supporting documents include your current H1B approval notice, recent pay stubs, and passport copy.
4. Begin Working for the New Employer (Upon Receipt)
You can start working as soon as USCIS issues a receipt notice for the H1B transfer petition.
This is called portability under AC21 regulations.
5. USCIS Processes the Petition
Standard processing may take 3–6 months.
Premium processing speeds it up to 15 calendar days.
6. Receive Approval Notice (Form I-797)
Once approved, you get a new I-797 for the new employer.
Retain this for future visa stamping or status verification.
7. Visa Stamping (If Traveling Outside U.S.)
If you travel internationally, visit a U.S. consulate (e.g., in Hyderabad or Mumbai) for stamping.
Ensure you carry all documents, including the new I-797 approval.
Important Documents Checklist for H1B Transfer
Current H1B Approval Notice (Form I-797)
Valid Passport and Visa Stamp (if applicable)
Recent Pay Stubs (last 3 months)
Employment Offer Letter from New Employer
Resume and Educational Certificates
Copy of Previous Labor Condition Applications
New Employer’s LCA Certification
Filing Fee Receipts (if available)
Key Legal Terms Simplified
USCIS: U.S. Citizenship and Immigration Services — the agency that handles H1B petitions.
LCA (Labor Condition Application): Certification from the Department of Labor ensuring fair wages.
Portability: The ability to start working with a new employer after USCIS receipt.
Premium Processing: An expedited service for faster USCIS petition approval.
Stamping: The visa issuance process at a U.S. consulate for entry into the United States.
FAQs About Changing Employers While on H1B
Q1: Can I work for the new employer before USCIS approves my H1B transfer?
A: Yes, you can start working as soon as USCIS issues the receipt notice confirming petition filing.
Q2: What happens if my H1B transfer petition is denied?
A: You must stop working immediately and may have a limited grace period to leave the U.S. or file an appeal.
Q3: Do I need to go through the lottery again?
A: No, if you currently hold a valid H1B, the new employer can file a transfer without lottery.
Q4: Can I transfer H1B multiple times?
A: Yes, multiple transfers are allowed as long as each employer files a petition and you maintain status.
Q5: How long does visa stamping take?
A: It varies; in Indian consulates like Hyderabad, it can take 1–3 weeks depending on appointment availability.
Case Study:
Rahul, a software engineer based in New Jersey, faced a layoff and immediately secured a new offer with a tech startup. His new employer promptly filed an H1B transfer petition with premium processing. Rahul began working within days of USCIS receipt, avoiding any status lapse. Post-approval, Rahul traveled to Hyderabad for visa stamping and returned without issues.
This case highlights the importance of prompt action and using premium processing during employment changes.
Practical Takeaways
Start the H1B transfer process before your current employment ends to avoid status gaps.
Keep all pay stubs and legal documents updated and organized.
Consider using premium processing to reduce uncertainty.
Consult an immigration attorney for complex scenarios such as layoffs or multiple job changes.
Be aware of local nuances like layoff protections in New Jersey or visa stamping procedures in Hyderabad.
Final Thoughts
The process for changing employers while on H1B can seem daunting but is manageable with the right information and timing. Following legal guidelines and maintaining compliance protects your visa status and career trajectory.
Looking for H1B-compliant jobs or planning your next move? Join Techotlist today and let jobs chase you! Our platform connects you with the latest opportunities from top U.S. employers, ensuring you stay ahead in your career journey.