How to change jobs on an H-1B visa

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Prodigy Finance - June, 08 2021

8 min read

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At Prodigy Finance, we're committed to helping international talent to achieve their education dreams. We offer international student loans to qualified individuals attending top master's programmes in the US.

Landing a job and an H-1B visa can be a long, stressful process. Once you finally have both, all you’ll want to do is celebrate.

But, what happens if you want to, or must, change jobs?

Can you switch jobs on an H-1B visa?

Changing jobs on an H-1B visa is permitted, but there’s a process that you’ll have to follow. For an H-1B job change, you’ll need to secure a new H-1B visa, following the same steps as you did with your initial application:

  1. Find a new employer.
  2. Your future employer submits the Labor Conditions Approval (LCA) outlining the conditions of the position.
  3. Wait for approval of the LCA. LCA approval typically takes around 7 days, although the time can vary from case to case.
  4. Your employer submits the I-129 form with supporting documents and pays the application fees.
  5. Wait for approval. However, unlike your initial petition, you’ll be able to begin working at your position while you wait.

So, the good news is that switching jobs on an H-1B visa is legal and you can go for an H-1B job change once you and your new employer have completed the application process. However, you must be careful to file the correct paperwork at the correct time or you could find yourself out of status.

Can you transfer your H-1B visa to a new employer?

H-1B visas are issued to foreign workers, but the conditions of that visa tie the employee to a specific sponsoring employer. And, transferring H-1B visas to new employers isn’t permitted; you’ll need a whole new visa.

What is an H-1B transfer?

Although you can’t transfer your sponsor-specific visa to a new employer, many people informally refer to the process of changing jobs on an H-1B visa as an H-1B transfer.

How to transfer H-1B visas

The H-1B transfer procedure does not actually involve any transfer. For an H-1B change of employer, you’ll need to file a new H-1B visa petition and go through the entire process. (Actually, it’s your new employer, acting as your sponsor, that files your application).

H-1B transfer timeline

The H-1B transfer time ranges from 4 to 8 weeks once your application has been submitted, although you can streamline the process for an additional fee. The exact H-1B transfer processing time varies from case to case and is dependent on various factors including the location of employment and which centre is responsible for processing your H-1B application.

H-1B transfer documents

Having an H-1B transfer checklist can help you keep a tab on what documents you need to submit, and can ensure that you don’t miss out on anything or fill-in the wrong paperwork. The documents you require for the process of an H-1B job change are:

  • Your US visa, I-797, and I-94
  • Your resume
  • Your paystubs, a letter from your employer, or a leave of absence letter
  • Your university degree and transcripts along with your academic evaluations

Along with these documents, your new employer will need to submit the following:

  • A letter of position stating your job title and salary, signed by both you and your employer
  • A proper job description
  • Marketing material from the business
  • The company’s financial statements, annual reports, or business plans

H-1B transfer cost

As was the case when you initially filed for an H-1B visa, your employer will pay all the mandatory fees for your H-1B transfer as well. The only change is that you will not need to pay the $10 registration fee again. So your H-1B transfer cost will range from $1,710 to $6,460 depending on factors like attorney fees and whether or not you are required to pay any higher fees among others.

Is it just as difficult to transfer your H-1B visa as getting it in the first place?

Thankfully, since you already have a visa and are in the United States, the H-1B transfer process is a little easier:

In addition, you don’t need to inform your current employer that you’ve filed a petition for an H-1B job change.

Who files your new H-1B visa petition?

As with your initial application, your employer goes through the steps of the H-1B transfer procedure and submits the petition on your behalf. Of course, there will be several questions you’ll need to answer and supporting documents you may need to supply (such as your CV, proof of your degree and related information).

TIP: Get your own legal expert

Usually, the lawyer handling your H-1B visa paperwork was hired by the company you work for. He (or she) isn’t your lawyer; he’s your company’s lawyer. If you’re having trouble with your employer, you can’t go to him or her for legal advice.

If you need or want a new job, and you’re working on an H-1B visa, you should seek help from an independent immigration attorney - one that hasn’t been hired by your company.)**

Usually, the lawyer handling your H-1B visa paperwork was hired by the company you work for. He (or she) isn’t your lawyer; he’s your company’s lawyer. If you’re having trouble with your employer, you can’t go to him or her for legal advice.

If you need or want a new job, and you’re working on an H-1B visa, you should seek help from an independent immigration attorney - one that hasn’t been hired by your company.

When can you file a new H-1B petition?

Unlike your initial application, you can apply for an H-1B visa to work at a new employer at any time of the year and you may begin working at your new job as soon as you have confirmation that your application has been received. In other words, an H-1B job change can happen once you successfully submit your application.

However, you may want to consult your immigration lawyer before making the move, as you may find yourself out of status if your petition isn’t approved and you’re already at your new company.

Porting is when you start at a new employer while your new H-1B petition is still pending - and it’s perfectly legal.

H-1B visa porting - what to watch out for:

  • If you’re travelling outside of the US while your new H-1B petition is still being processed, be sure to take copies of your new petition as you’ll need them when re-entering the country.
  • If you change your mind after filing a new petition and you decide to continue working for your current employer, you can remain with your current employer as if the petition for an H-1B job change was never filed.
  • If your new petition is denied after you’ve ported to your new employer, consult an immigration lawyer immediately to investigate your options and ensure you remain inside the terms of your visa terms.

Do you get more time with a new H-1B visa?

No, not automatically.
A new H-1B visa petition doesn’t reset the total time for your H-1B visa back to zero; the time you spend working for any employer on an H-1B visa counts against the total time you have to work on this visa class.

But, it is possible to apply for more time than you currently have when filing a new petition for an H-1B job change.

If you’re near the end of your authorised stay, filing a new H-1B petition will not give you extra time unless it’s specifically approved and you may also want to file for an extension to your existing H-1B while your new petition is in processing.

H-1B visas: what if you get a second offer?

When multiple H-1B visa petitions are filed on your behalf at the same time, this is known as bridging. Up until the point that your I-94 expires, you can submit as many new petitions as you wish. As soon as the return date on your 1-94 card expires, outstanding petitions are nullified.

H-1B bridge petitions allow you to accept a job with a new employer even if another employer has already submitted an H-1B “transfer” to their company beforehand. Essentially, you get the freedom to keep looking for your perfect position, even after you’ve accepted an existing offer.

What happens if you’re laid off while on your H-1B visa?

If you’re fired while on an H-1B visa, you don’t have to panic and pack up your house. You have up to 60 days to find new employment, or apply for a change of status, before you violate your visa terms.

  • If the expiration date on your I-94 is sooner than 60 days, you need to leave by the date of your I-94, or you need to get an extension.
  • If you’ve been laid off, you can still try and bridge or port your H-1B visa, as you would if you were still working.

Your quick tips for an H-1B job change:

  • You’re not legally obligated to tell your current sponsor that you’ve found new employment or that you’re considering a job change.
  • Although it’s sometimes called an H-1B visa transfer, there’s no such thing. Your new employer must submit a new H-1B application on your behalf.
  • Keep an eye on timing. If your existing H-1B visa expires before a new one is issued, you’ll need to leave the country.

Changing jobs within the same company

If you remain employed with the same employer but there is some material change in the terms of your employment, you might be required to file an H-1B amendment petition. Take a look at what constitutes a material change, and when you’ll be required to file for an H-1B amendment.

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The purpose of this guide is to provide prospective students with an overview of the application process for a US student visa and should not be regarded as legal or immigration advice or as a substitute for the official information published by the U.S. Citizenship and Immigration Services (USCIS) from time to time or any instructions and/or advice provided by US embassies and consuls. Whilst we have carefully compiled the guide in accordance with the information published by USCIS, Prodigy Finance Limited does not accept liability for any inaccuracies, mistakes, omissions or outdated information in the guide and we encourage prospective students and other readers to consult the USCIS’s website at https://www.uscis.gov. Prodigy Finance Limited is not authorized by the Department of Justice (DOJ)’s Executive Office for Immigration Review (EOIR) to provide immigration services and will not provide any additional information or assistance to any person to apply for a US student or other category visa.

If you want to read about companies that sponsor H1B visas, or if you would want to get some career advice, you can visit our Study Centre which is filled with expert opinions on a range of topics.

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