H-1B Visa Transfer: A Guide to Switching Employers and Mitigating Risks

Navigating a career change while on an H-1B visa is a common concern for foreign professionals in the United States. Many workers seek better opportunities but fear complex immigration rules. The process, known as a transfer, is legally permissible under specific conditions.

According to Reuters, the American Competitiveness in the 21st Century Act (AC21) provides the legal framework for this mobility. This law allows H-1B holders to change jobs without starting the visa process from scratch. Understanding the procedure and its inherent risks is crucial for a successful transition.

Understanding the H-1B Transfer Process

The transfer is formally called “H-1B portability.” It allows a visa holder to begin working for a new employer once that company files a new H-1B petition. You do not need to wait for the new petition’s approval to start the new job.

Your legal status remains continuous during this transfer if the petition is filed on time. There is no legal limit on how many times you can transfer your H-1B during its validity period. Each transfer requires the new employer to file a Form I-129 petition with U.S. Citizenship and Immigration Services (USCIS).

You must maintain your H-1B status with your current employer up until the new petition is filed. Always ensure your new employer has received a formal receipt notice from USCIS before you resign from your current position. This receipt is your proof that the process has officially begun.

Key Risks and Necessary Precautions

The primary risk involves the new petition’s denial. If you have already left your previous job and the new application is rejected, you fall out of status immediately. This can lead to accruing unlawful presence and potential deportation.

International travel during a pending transfer is highly discouraged. Re-entry into the U.S. can be complicated and risky while your employment authorization is in flux. It is best to postpone any non-essential international trips until the transfer is fully approved.

Consulting with an experienced immigration attorney is strongly recommended. Legal experts can review the new petition for completeness and accuracy before filing. A misstep in the application can have severe long-term consequences for your immigration status.

Successfully executing an H-1B visa transfer requires careful planning and adherence to USCIS guidelines. By understanding the rules and mitigating the risks, professionals can pursue new career opportunities without jeopardizing their legal standing in the United States.

Thought you’d like to know-

Can I start working immediately after my new employer files the H-1B transfer?

Yes. Under AC21 provisions, you can begin working for the new employer as soon as USCIS receives the properly filed petition. You do not need to wait for the application’s approval to start your new role.

What is the most critical document in the transfer process?

The Form I-797 receipt notice from USCIS is the most critical document. It serves as proof that your new H-1B petition has been officially filed and that you are authorized to work for the new employer while it is pending.

What happens if my H-1B transfer is denied?

If the transfer is denied after you have left your previous job, you fall out of status. You must stop working immediately and may need to leave the U.S. quickly to avoid accruing unlawful presence.

Does the new employer need to go through the H-1B lottery?

No. The new employer does not have to enter the annual H-1B cap lottery if you are already in H-1B status. They simply file a transfer petition to assume your existing sponsorship.

How long does an H-1B transfer typically take?

Processing times vary. Standard processing can take several months, but premium processing is available for an additional fee. This guarantees USCIS will adjudicate the petition within 15 calendar days.