How to transfer your H-1B visa to a new employer. Process, timeline, documents needed, and what happens to your green card application.
Last updated: April 2026 · Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney.
An H-1B transfer (technically a "change of employer" petition) allows you to move from one H-1B employer to another without going through the lottery again. Under the American Competitiveness in the Twenty-First Century Act (AC21), you can begin working for the new employer as soon as the transfer petition is filed — you don't need to wait for approval. This portability provision is one of the most important protections for H-1B workers.
The transfer process follows these steps: (1) Receive a job offer from the new employer. (2) New employer files an LCA with the DOL for the new position (7-10 days). (3) New employer files Form I-129 with USCIS requesting a change of employer. (4) Upon receipt of the I-129 filing, you can begin working for the new employer immediately. (5) USCIS adjudicates the petition (3-6 months regular, 15 days premium). Throughout this process, you remain in valid H-1B status as long as your original H-1B hasn't expired.
Your new employer will need: copies of your current I-797 approval notice, passport, I-94 arrival record, recent pay stubs (last 3 months), resume/CV, degree certificates and transcripts, any prior H-1B approval notices, current LCA details, and a detailed support letter describing the new role. You should also have your original employer's LCA details and all previous immigration documents organized.
Yes — this is the key benefit of AC21 portability. You can start working for the new employer as soon as USCIS receives the transfer petition (evidenced by the I-797C receipt notice). However, this only applies if: (1) you are currently in valid H-1B status, (2) you were lawfully admitted to the U.S., and (3) the new petition is non-frivolous. If the transfer is ultimately denied, you must stop working for the new employer immediately.
LCA filing and certification: 7-10 business days. Petition preparation: 1-2 weeks. USCIS receipt: 1-2 weeks after filing. USCIS adjudication: 3-6 months (regular) or 15 business days (premium processing at $2,805). Total time from job offer to starting work: as fast as 2-4 weeks (start upon receipt). Total time to full approval: 1-7 months depending on processing choice.
Changing H-1B employers affects your green card process depending on which stage you're at. If PERM not yet filed: you'll need to restart with the new employer. If PERM approved but I-140 not yet filed or approved less than 180 days: you lose the PERM and need to restart. If I-140 approved 180+ days: you can port your priority date to the new employer. If I-485 pending 180+ days: you can change to any similar job under AC21 portability. Always consult an immigration attorney before changing employers during the green card process.
No. Once you've been counted against the H-1B cap, you don't need to go through the lottery again for subsequent employers. Transfers can be filed year-round.
Yes. You can transfer at any time while in valid H-1B status. You don't need your current employer's permission, and they cannot revoke your status while a valid transfer petition is pending.
If denied, you must stop working for the new employer immediately. You may be able to return to your previous employer if they haven't withdrawn your original petition. Consult an attorney immediately if this happens.
Typical costs: $1,710 I-129 filing fee, $500 fraud prevention fee, $750-$1,500 ACWIA fee, $2,000-$4,000 attorney fees, and optionally $2,805 for premium processing. Total: $5,000-$10,000, paid by the new employer.