How to change jobs on an H-1B visa

Can you transfer your H-1B visa to a new employer?

H-1B visas are issued to foreign workers, but the conditions of that visa tie the employee to a specific sponsoring employer. And, transferring H-1B visas to new employers isn’t permitted; you’ll need a whole new visa. 

How to transfer H-1B visas

The H-1B transfer procedure does not actually involve any transfer. For a job change, you’ll need to file a new H-1B visa petition and go through the entire process. (Actually, it’s your new employer, acting as your sponsor, that files your application).

The H-1B transfer time ranges from 1 to 4 months once your application has been submitted, although you can streamline the process for an additional fee.

H-1B transfer documents

Having an H-1B transfer checklist can help you keep a tab on what documents you need to submit, and can ensure that you don’t miss out on anything or fill-in the wrong paperwork. The documents you require for the process of an H-1B job change include your Labour Condition Application (LCA), Form I-129, your education degree and mark sheets, most recent entry to US immigration stamp, most recent I-94, and last three pay slips, among others.

Is it just as difficult to transfer your H-1B visa as getting it in the first place?

Thankfully, since you already have a visa and are in the United States, the H-1B transfer process is a little easier:

In addition, you don’t need to inform your current employer that you’ve filed a petition for an H-1B job change.

Who files your new H-1B visa petition?

As with your initial application, your employer goes through the steps of the H-1B transfer procedure and submits the petition on your behalf. Of course, there will be several questions you’ll need to answer and supporting documents you may need to supply (such as your CV, proof of your degree and related information).

When can you file a new H-1B petition?

Unlike your initial application, you can apply for an H-1B visa to work at a new employer at any time of the year and you may begin working at your new job as soon as you have confirmation that your application has been received. In other words, an H-1B job change can happen once you successfully submit your application.

However, you may want to consult your immigration lawyer before making the move, as you may find yourself out of status if your petition isn't approved and you're already at your new company.

H-1B visa porting - what to watch out for:

• If you’re travelling outside of the US while your new H-1B petition is still being processed, be sure to take copies of your new petition as you’ll need them when re-entering the country.

• If you change your mind after filing a new petition and you decide to continue working for your current employer, you can remain with your current employer as if the petition for an H-1B job change was never filed.

• If your new petition is denied after you’ve ported to your new employer, consult an immigration lawyer immediately to investigate your options and ensure you remain inside the terms of your visa terms. 

Do you get more time with a new H-1B visa?

No, not automatically.

A new H-1B visa petition doesn’t reset the total time for your H-1B visa back to zero; the time you spend working for any employer on an H-1B visa counts against the total time you have to work on this visa class.

But, it is possible to apply for more time than you currently have when filing a new petition for an H-1B job change.

If you’re near the end of your authorised stay, filing a new H-1B petition will not give you extra time unless it’s specifically approved and you may also want to file for an extension to your existing H-1B while your new petition is in processing. 

H-1B visas: what if you get a second offer?

When multiple H-1B visa petitions are filed on your behalf at the same time, this is known as bridging. Up until the point that your I-94 expires, you can submit as many new petitions as you wish. As soon as the return date on your 1-94 card expires, outstanding petitions are nullified.

H-1B bridge petitions allow you to accept a job with a new employer even if another employer has already submitted an H-1B “transfer” to their company beforehand. Essentially, you get the freedom to keep looking for your perfect position, even after you’ve accepted an existing offer. 

What happens if you’re laid off while on your H-1B visa?

If you’re fired while on an H-1B visa, you don’t have to panic and pack up your house. You have up to 60 days to find new employment, or apply for a change of status, before you violate your visa terms.

• If the expiration date on your I-94 is sooner than 60 days, you need to leave by the date of your I-94, or you need to get an extension.

• If you’ve been laid off, you can still try and bridge or port your H-1B visa, as you would if you were still working. 

Changing jobs within the same company

If you remain employed with the same employer but there is some material change in the terms of your employment, you might be required to file an H-1B amendment petition. Take a look at what constitutes a material change, and when you’ll be required to file for an H-1B amendment.