Step-by-step guide to changing jobs on H-1B. Transfer process, portability rules, timing, impact on green card, and what employers need to know.
Last updated: April 2026 · Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney.
Changing employers on H-1B is your right — your current employer cannot prevent you from leaving. The new employer files an H-1B transfer (change of employer) petition, and you can start working as soon as USCIS receives the filing. You don't need to go through the lottery again. This is one of the most important worker protections in the H-1B program.
(1) Receive and accept a job offer from the new employer. (2) New employer's immigration attorney prepares the LCA (7-10 days). (3) New employer files Form I-129 with USCIS. (4) Upon USCIS receipt (I-797C), you can start working for the new employer. (5) Give notice to your current employer (standard 2-week notice is professional courtesy, not legally required). (6) USCIS adjudicates — 3-6 months regular, 15 days premium. Throughout this process, do NOT leave your current employment until the new petition is filed with USCIS.
Best practices for timing: have the new employer file the transfer before you resign, request premium processing for quick certainty, don't give notice to current employer until transfer receipt is confirmed, plan for 2-4 weeks from job offer to filing (LCA + petition prep). If you're laid off, you have 60 days to find a new sponsor — act quickly.
No. Your employer cannot prevent you from changing jobs. However, they can withdraw your current H-1B petition, which is why timing your departure carefully (after the transfer is filed) is important.
Not legally required, but it's professional to give notice. From an immigration perspective, it's safest to ensure the transfer petition is filed before giving notice.
The new employer can file a combined transfer + extension petition if your H-1B is expiring within 6 months. This is common and extends your status through the new employer.