H-1B Transfer Guide: Changing Employers Without Losing Status
An H-1B 'transfer' is really a new H-1B petition filed by a new employer. You are not capped again, and in most cases you can begin working for the new employer as soon as the petition is received by USCIS under H-1B portability.
What H-1B portability allows
Under AC21 portability, if you are in valid H-1B status, a new employer can file a petition and you may start working for them once USCIS receives that petition — you do not have to wait for approval.
Your prior H-1B must have been approved, you must not have worked without authorization, and the new petition must be non-frivolous. Keep the USCIS receipt notice (Form I-797C) as proof of your authorization to work.
Timing and what to keep
Premium processing can return a decision in about 15 business days, which reduces uncertainty. Many people start the new role on the receipt notice and let the case adjudicate in the background.
Keep recent pay stubs, prior I-797 approvals, and your most recent I-94. If the new petition is denied while you have already left the old employer, your status can be affected, so plan the transition carefully.
Common mistakes
Resigning from the old job before the new petition is filed removes your safety net. It is generally safer to have the new petition receipted first.
Gaps in pay or unauthorized work can jeopardize portability. Track your last day at the old employer and your start date at the new one to avoid an unauthorized gap.
Frequently asked questions
Do I get counted against the H-1B cap again when I transfer?+
No. If you were already counted against the cap, a transfer to a new cap-subject employer is generally cap-exempt, so you do not re-enter the lottery.
Can I start work before the transfer is approved?+
Usually yes. H-1B portability lets you begin work once USCIS receives the new petition, provided you were in valid status and meet the other portability conditions.
What happens if the transfer is denied?+
If you already left your previous employer and the new petition is denied, you may fall out of status. This is why many people keep the prior job until the new petition is at least receipted, and consider premium processing.