What is a change of employer for H-1B workers?

H-1B portability allows an H-1B worker to change employers without waiting for the new petition to be fully approved, provided certain conditions are met. This process is commonly referred to as an 'H-1B transfer.'

Under the American Competitiveness in the Twenty-First Century Act (AC21), you may begin working for a new employer as soon as they file a 'non-frivolous' H-1B petition on your behalf with USCIS, provided that you were lawfully admitted to the U.S., you are currently in valid H-1B status, and you have not engaged in unauthorized employment since your last entry.

The new employer must file a new Form I-129, Petition for a Nonimmigrant Worker, including a new Labor Condition Application (LCA) certified by the Department of Labor. It is critical to maintain your current status until the new petition is filed. While you can start working upon the filing of the receipt notice, many employees choose to wait for the official Form I-797 Approval Notice to avoid risks associated with a potential denial of the new petition.