One of the most common questions among H-1B visa holders is: Can I switch jobs while on an H-1B? The answer is yes — but there are rules, timelines, and paperwork you must follow to stay compliant with U.S. immigration law.
In this guide, we’ll walk you through how to change employers on an H-1B visa, what forms are required, and how to avoid the risks of unemployment or status violations.
1. Yes, You Can Switch Jobs on an H-1B
The H-1B is employer-specific, meaning you can only legally work for the sponsoring employer listed on your approved petition. However, you are allowed to change employers as long as the new company:
- Files a new Form I-129 with USCIS
- Includes a certified Labor Condition Application (LCA)
- Has a job that qualifies as a specialty occupation
This process is known as an H-1B transfer, even though technically it’s a new petition, not a literal transfer.
2. H-1B Portability Rule
Under the American Competitiveness in the Twenty-First Century Act (AC21), H-1B workers can begin working for a new employer as soon as the new petition is filed, without waiting for full USCIS approval — as long as:
- The worker is currently in valid H-1B status
- The new employer properly files a non-frivolous I-129 petition
This is known as H-1B portability, and it allows for quicker job transitions.
3. What the New Employer Must Do
To initiate a job change, your new employer must:
- File a Labor Condition Application (LCA) with the Department of Labor
- Submit Form I-129 to USCIS with all required fees and supporting documents
- Ensure that the job qualifies as a specialty occupation and pays the prevailing wage
There is no need to go through the lottery again if the H-1B holder has already been counted against the cap.
4. Documents You’ll Need
To support the transfer petition, you’ll typically need:
- Most recent pay stubs from current employer
- H-1B approval notice (Form I-797)
- Copies of your current visa, I-94, passport
- Degree certificates and transcripts
- Resume and job offer letter
5. Timing: When Can You Start the New Job?
Thanks to the portability rule, you can begin work with your new employer as soon as USCIS receives the new H-1B petition — you don’t need to wait for approval.
However, some employers may prefer to wait for at least the receipt notice before letting you start.
6. What If You’re Laid Off or Quit Your Job?
If your H-1B job ends (voluntarily or not), you enter a 60-day grace period to:
- Find a new job and have your new employer file an H-1B petition
- Change your visa status (e.g., B-2, F-1)
- Leave the U.S.
If no action is taken within the 60 days, you fall out of status and could be subject to removal.
7. Premium Processing for Faster Transfers
Employers can opt for premium processing (currently $2,805) to get a decision from USCIS within 15 calendar days. This isn’t required but can speed up transitions and reduce uncertainty.
8. Can You Work Two H-1B Jobs?
Yes, but you must have a concurrent H-1B petition filed by the second employer. You can’t simply pick up side work or freelance. Every job must be separately approved under H-1B rules.
9. Risks and Challenges
- USCIS Denial: If the new petition is denied and you already left your old job, you may lose status
- Job Gaps: Gaps beyond 60 days can disqualify future applications
- Portability Limits: You can only use portability if you’re already in valid H-1B status
Switching jobs on an H-1B visa is possible and common — but timing, paperwork, and compliance are crucial. The portability rule allows flexibility, but both the employer and employee must act swiftly and carefully to maintain legal status.
If you’re planning a move, it’s wise to consult an immigration attorney to ensure everything is filed correctly and on time.
