H-1B Transfer Guide: How to Change Employers While Maintaining Status
An H-1B transfer allows foreign workers in the United States to change from one sponsoring employer to another. To qualify, you must already hold valid H-1B status. If your H-1B petition with Company A was selected after October 1st, the outcome—approval or denial—will determine your ability to move forward. The ideal scenario is approval, as it gives you the option to transfer to Company B shortly thereafter.
How to Process an H-1B Transfer
To initiate a valid transfer, you must show verifiable proof of employment with your original H-1B employer at the time the transfer was filed (on or after October 1st). This can include documentation such as a letter from Company A confirming your start date, or recent pay stubs. USCIS often requests additional evidence (RFEs), and typically, two to three pay stubs are sufficient.
Here’s a step-by-step guide:
1. Secure a New Job Offer
Here’s a step-by-step guide:aWhile still working for Employer A, obtain a formal employment offer from Employer B. A valid offer is essential, as no transfer can proceed without a position that qualifies under H-1B requirements.
2. File a Labor Condition Application (LCA)
Employer B must submit an LCA to the Department of Labor (DOL) by filing Form ETA 9035E. This document certifies that the employer can hire an H-1B worker, intends to pay the required wage, and meets all compliance obligations.
3. Submit Form I-129 Petition
Employer B then files Form I-129 with USCIS. Once received, USCIS issues a receipt number to both the employer and the H-1B worker. With this receipt, you may legally begin working for Employer B, though some individuals choose to wait for full approval to avoid risk.
⚠️ Important Warning: If the petition is later denied, you could fall out of status, even if you started working with the new employer. Approval of an LCA does not guarantee approval of the I-129 petition since the DOL and USCIS operate independently.
Premium Processing Option
To reduce uncertainty, many applicants opt for premium processing, which guarantees a decision within 15 calendar days. While this comes with an added fee, it provides peace of mind and allows you to make timely decisions about leaving Employer A.
At Green Card Link, its immigration attorneys often recommend premium processing to minimize employment risks and avoid being left out of status.
What If Your H-1B Was Revoked?
If your H-1B petition is revoked before October 1st, or you are under consular processing without yet entering the U.S., you may not be considered counted under the cap.
For example: If Company X secures an approval but later withdraws the petition before your new petition with Company Y is approved, you are no longer considered “cap counted.” As a result, the new petition may be denied because it falls outside the H-1B cap window. Such scenarios are highly complex, and you should always consult with an immigration attorney at Green Card Link.
What If Your H-1B Was Revoked?aCan You Transfer Before October 1st?
A true transfer cannot occur before October 1st because you are not yet in valid H-1B status. If Employer A is cap-subject, Employer B may file an H-1B petition on your behalf, but you will not be exempt from the cap until after October 1st.
Choosing Not to Transfer After Approval
If you receive an approved transfer but decide not to join Employer B, you may remain with Employer A. Approval of a transfer does not obligate you to leave your current employer.
H-1B Transfer Fees and Costs
Employers are generally responsible for covering most H-1B transfer costs, which include:
- Form I-129 filing fee: $46
- Fraud prevention and detection fee: $500
- Public law fee: $4,000 (for employers with 50+ employees, of which at least 50% hold H-1B or L visas)
- Premium processing fee: $1,440 (optional)
- ACWIA fee: $1,500 (reduced to $750 for employers with fewer than 25 employees)
- Immigration attorney fee: Varies based on the case. At Green Card Link, its immigration attorneys provide clear cost estimates during consultation.
⚠️ Breaking News: A new proclamation introduces a $100,000 fee for new H-1B petitions, though certain exclusions apply. Be sure to review the latest updates or consult with immigration attorneys at Green Card Link for strategic guidance.
Required Supporting Documents for H-1B Transfer
When filing an H-1B transfer, USCIS will expect comprehensive documentation, such as:
- Valid passport copy
- Current H-1B visa stamp
- Form I-94 arrival/departure record
- Form I-797 approval notice
- Academic credentials (degrees, certificates)
- Two or three most recent pay stubs
- Social Security card
- Tax returns (if applicable)
- State professional license (if applicable)
- Updated resume
H-1B Transfer Processing Time
- Regular processing: Up to 4 months
- Premium processing: 15 calendar days
Keep in mind, a properly prepared LCA takes around seven business days to process before USCIS petition review can begin. Mistakes or incomplete petitions can significantly delay approval.
H-1B Transfer FAQs
Q: I filed a transfer from Company A to Company B, but now have an offer from Company
C. Can I file another transfer?
Yes. You can file a transfer from Company A directly to Company C, even if the petition to Company B is still pending. You will need the I-797 approval from Company A and recent pay stubs.
Q: What is an H-1B bridge petition?
A bridge petition occurs when multiple transfer petitions are filed while prior petitions are pending. However, for USCIS to approve the latest petition, all prior links in the chain must be approved. If any petition is denied, the “bridge” collapses, potentially leaving you out of status.
Why Work with Green Card Link?
The H-1B transfer process is complex, with high stakes for your immigration status and career. At Green Card Link, its immigration attorneys provide strategic legal guidance to help you avoid pitfalls, handle RFEs, and maximize your chances of approval—whether through regular or premium processing.
H-1B Visa Transfer: Common Questions Answered
Is there a limit to the number of times I can request an H-1B transfer?
No. There is no restriction on how many times you can request an H-1B transfer, provided that you maintain valid H-1B status. The only limitation is the expiration date of your H-1B visa. Once your H-1B is nearing expiration, you must file for a renewal to continue your eligibility.
Do I need to notify my current employer before transferring?
You are not legally required to inform your current employer before beginning the H-1B transfer process with a new employer. Many employees prefer to keep the process confidential until their transfer is secured.
Is there a time limit to start working for the new employer after approval?
There is no fixed time limit requiring you to join your new employer immediately after the H-1B transfer approval. You can choose to start before approval under portability rules, right after approval, or even wait some time before joining. However, it is critical to track your visa expiration date and, if necessary, request an extension to remain compliant.
Does the regular H-1B cap or lottery affect H-1B transfers?
No. H-1B transfers are not subject to the annual lottery or quota system. The lottery applies only to first-time H-1B filings. Since you already hold an H-1B visa, transfers are independent of the cap.
H-1B Transfer Recap
- You may apply for an H-1B transfer as many times as needed during your valid status.
- It is possible to apply for transfers with multiple employers if you wish.
- Each transfer petition must be properly documented and supported—there are no shortcuts or loopholes.
- Failing to meet eligibility or filing requirements may lead to denial or delays.
How the Immigration Attorneys at Green Card Link Can Help
Switching employers under H-1B status can be a complex process. Any errors during the transfer could jeopardize your job authorization and potentially put your legal status at risk. That’s why having an experienced immigration attorney at Green Card Link by your side is crucial.
At Green Card Link, its immigration attorneys have extensive experience handling H-1B transfers, extensions, and related petitions. They provide personalized guidance, prepare strong petitions, and walk you through the process from start to finish—helping you maximize your chances of approval.