What Is an H-1B Transfer?
An H-1B visa transfer lets a skilled worker already in the United States on an H-1B visa change employers without losing legal work authorization. A new H-1B petition must be filed by the new employer, but the employee can often start working as soon as USCIS receives the new petition with an H-1B receipt notice.
Who Is Eligible for an H-1B Transfer
To qualify for an H-1B transfer:
- You must currently hold a valid H-1B visa or previously been counted against the H-1B cap.
- You must have a job offer from a new U.S. employer willing to sponsor you.
- The offered job must be a specialty occupation requiring a bachelor’s degree or higher.
You do not need to go back into the H-1B lottery if you were previously counted and still have H-1B time remaining.
How an H-1B Transfer Works
1. Job Offer & New Employer Petition
The U.S. employer files:
- Form I-129, Petition for a Nonimmigrant Worker
- Supporting documents showing job duties and qualifications
This petition must demonstrate that the role is a specialty occupation and that you are qualified.
2. Labor Condition Application (LCA)
Before filing Form I-129, the employer must obtain a certified LCA from the Department of Labor (DOL) showing:
- Wages meet the prevailing rate
- Working conditions meet U.S. labor standards
3. USCIS Receipt Notice
Once USCIS receives the new H-1B petition:
- You may be eligible to begin working immediately under “H-1B portability” if you have a valid H-1B status or have been counted against the H-1B cap.
4. Approval and Visa Stamping
- If you are inside the U.S., USCIS approval changes your employer.
- If you are outside the U.S., you typically obtain a new H-1B visa stamp at a U.S. consulate before re-entering.
H-1B Portability Explained
Under the H-1B portability rule, eligible employees may begin working for the new employer as soon as USCIS issues a receipt for the new H-1B petition. USCIS must receive the transfer petition before your current H-1B status expires.
This reduces downtime between jobs and helps workers transition smoothly.
Benefits of an H-1B Transfer
- Job flexibility: Change employers without going through the H-1B lottery again.
- Begin work quicker: Portability often allows employment upon receipt notice.
- Career growth: Move to new roles with better compensation or responsibilities.
Common H-1B Transfer Scenarios
Changing to a New Employer
You receive a job offer with a new employer and file a transfer petition to continue working legally.
Concurrent Employment
It is possible to hold more than one H-1B job simultaneously, as long as separate petitions are filed for each employer.
Employer Change After Layoff
If your previous employer terminated your H-1B employment, you may still be eligible to transfer within a grace period (typically 60 days).
Processing Times
H-1B transfer processing can vary:
- Regular processing can take several months
- Premium processing (if available) can speed this to 15 calendar days
Employers often choose premium processing to reduce uncertainty.
Maintaining H-1B Status During Transfer
To preserve status:
- Ensure your current H-1B is valid when the new petition is filed
- Avoid gaps in work authorization
- Maintain proper documentation
Travel & H-1B Transfers
If you travel outside the U.S. during the transfer process:
- You typically need the new H-1B visa stamp to re-enter after approval
- Always check consular processing requirements
Comparison: H-1B Transfer vs H-1B Extension
| Feature | H-1B Transfer | H-1B Extension |
| Change of employer | Yes | No |
| New petition required | Yes | Yes |
| Portability work start | Typically immediate | Not applicable |
| H-1B status reset | No | No |
H-1B Transfer Next Steps
- Review your current H-1B status
- Secure a job offer from a qualified U.S. employer
- Ensure the employer files the LCA and H-1B petition promptly
- Consider premium processing if timing is critical
Get Trusted Help With Your H-1B Transfer Case
Immigration processes can be complex, time-sensitive, and overwhelming, especially when your ability to live or work in the United States is at stake. ILOLA provides personalized immigration support to help individuals and families understand their options, avoid costly mistakes, and move forward with confidence. Whether you’re navigating a work visa, family-based petition, or a status change, having experienced guidance can make all the difference.
Call (213) 375-4084 or contact us online to schedule a consultation with our H-1B transfer attorney.
H-1B Transfer Frequently Asked Questions
Do I need to be in the U.S. to file a transfer?
No, the employer can file while you are abroad, but you typically must obtain a new visa stamp before re-entry.
Can I switch employers more than once?
Yes, you can transfer multiple times as long as each new employer files a valid H-1B petition.
Does a transfer reset my H-1B time?
No, your time already spent in H-1B status counts toward the maximum 6-year limit.
Can I file adjustment of status while transferring?
Yes, if you are eligible, you may file adjustment of status concurrently with or after the transfer.
