How does the H-1B transfer process work when changing employers?

In U.S. immigration terms, an 'H-1B transfer' is technically a new H-1B petition filed by a new employer on your behalf. You do not need to go through the annual H-1B lottery again if you have already been counted toward the cap in the past. To initiate the process, the new employer must first obtain a certified Labor Condition Application (LCA) from the Department of Labor, confirming that they will pay you the prevailing wage for the position.

Once the LCA is certified, the new employer files Form I-129 with USCIS. A significant benefit of the H-1B portability rule is that, as a current H-1B holder, you may begin working for the new employer as soon as USCIS receives the I-129 petition, provided you were in valid status at the time of filing and have not engaged in unauthorized employment. However, it is generally recommended to wait for the official Form I-797 approval notice before starting, as working before approval carries risks if the petition is later denied. You must ensure that your current employer is notified of your departure and that your status remains valid throughout the transition period.