Changing Employers on H-1B

How to safely change jobs while on H-1B status — the transfer process, risks, and best practices.

Overview

The H-1B visa is tied to a specific employer, but you are legally permitted to change jobs through an H-1B transfer process. Doing this correctly protects your visa status and ensures continuity of lawful employment.

For Indians Moving From India

If you are outside the U.S. and your initial H-1B employer fires you or the petition is withdrawn before you enter, the H-1B is no longer valid for entry. You would need a new employer to file a new H-1B petition and, if not cap-exempt, re-enter the lottery.

For Indians Already in the US

Under AC21, you can legally start working for your new employer as soon as USCIS receives the new H-1B petition — evidenced by the receipt notice — rather than waiting for a final approval. This provides significant flexibility during job transitions.

Key Information

Your new employer must file a brand-new H-1B petition and an approved LCA before you can officially begin work there. Recent pay stubs from your current employer are typically required to demonstrate you maintained valid status.

Requirements

A valid job offer, an approved LCA filed by the new employer, and proof of maintained valid H-1B status at your current employer (recent pay stubs).

Common Mistakes

Resigning from your current job before the new employer has successfully filed the H-1B transfer petition with USCIS. If the filing is delayed, you could fall out of status.

Practical Tips

Negotiate for your new employer to use Premium Processing for the transfer. The safest approach is to wait for the full approval before resigning, protecting you in the unlikely event the transfer is denied.