Changing jobs on an H-1B visa is called an H-1B "transfer" (technically a new petition by the new employer). Thanks to H-1B portability (AC21), you can begin working for your new employer as soon as USCIS receives the transfer petition — you don't have to wait for approval.
Key Takeaway
You can start working for the new employer once USCIS receives the petition (receipt notice). The new employer files a new I-129 petition. If you have a pending green card (I-140), your priority date is portable to the new employer after 180 days.
What Is an H-1B Transfer?
An H-1B transfer allows you to change employers while maintaining your H-1B status. Technically, there is no "transfer" — the new employer files a new H-1B petition on your behalf with USCIS. The critical benefit: you do not need to go through the H-1B lottery again. Your existing H-1B cap-subject status carries over to the new employer. You can begin working for the new employer as soon as USCIS receives the petition (if filed with the portability provision).
H-1B Transfer Requirements
To transfer your H-1B, you must be in valid H-1B status (or within a valid grace period), the new employer must file a new H-1B petition (Form I-129) with USCIS, the new position must qualify as a specialty occupation, the new employer must file a Labor Condition Application (LCA) with the DOL, and you must have a valid passport. You do NOT need your current employer's permission — they do not need to know about the transfer until you are ready to leave.
H-1B Portability: Start Working Immediately
Under the H-1B portability provision (AC21 Section 105), you can begin working for the new employer as soon as the I-129 petition is received by USCIS — you do not need to wait for approval. This is one of the most employee-friendly provisions in immigration law. Requirements: you must be in valid H-1B status at the time the new petition is filed, the petition must not be frivolous, and you must have been lawfully admitted to the U.S.
Processing Time and Premium Processing
Regular processing for an H-1B transfer takes 3-6 months. Premium processing ($2,805) guarantees a response within 15 business days and is highly recommended for transfers — it provides certainty for both you and your new employer. Total filing fees: $460 (I-129) + $500 (Fraud Prevention Fee) + $2,805 (premium processing, optional) = $960-$3,765.
Can I Transfer with a Pending I-140?
Yes. If your current employer has an approved I-140 for you, your priority date is retained even after you change employers — provided the I-140 was approved for at least 180 days or was not revoked for fraud. If you also have a pending I-485, AC21 portability (different from H-1B portability) allows you to change employers after 180 days of I-485 pendency. See our changing employers during green card process guide.
What Happens to My Green Card Case?
If your current employer has filed a PERM or I-140 for you and you transfer to a new employer, the PERM is lost (it is employer-specific) but your priority date from an approved I-140 is retained. The new employer would need to file a new PERM and I-140, but can use your old priority date. If you have a pending I-485 (180+ days), your green card case continues regardless of the employer change, as long as the new job is in a same or similar occupation.
Timing Considerations
The best time to initiate a transfer is when you have at least 6 months remaining on your current H-1B validity period. If you are near the 6-year H-1B limit, having an approved I-140 allows extensions beyond 6 years under AC21. If your H-1B time is running out and you do not have an approved I-140, the transfer becomes more urgent because you may be approaching the point where you cannot extend further.
What Your Current Employer Can Do
Your current employer can revoke a pending or approved I-140 after you leave. They can terminate your employment at any time (with the standard 60-day grace period for finding new status). However, they cannot prevent you from transferring your H-1B, they cannot revoke your H-1B status (only USCIS can), and they cannot withhold documents you need for the transfer. Your passport, I-797 approval notices, and pay stubs are your property.
RFEs and Denials
Common H-1B transfer RFE issues include the new position not qualifying as a specialty occupation, wage level concerns (the offered wage must meet the LCA prevailing wage), beneficiary qualifications (your degree must relate to the specialty occupation), and employer-employee relationship questions. If you receive an RFE, respond thoroughly within the deadline. If the transfer is denied while you are working for the new employer under portability, you should stop working and consult an attorney immediately about your options.
Strategic tip: File the H-1B transfer with premium processing before giving notice to your current employer. Once you have the USCIS receipt, you can start working for the new employer immediately under portability. This minimizes any employment gap and gives you maximum leverage in your transition.
Last verified: April 2026 · Reviewed by USImmigrationLaw.Today editorial team.