Updated November 6, 2026

H-1B transfer: steps, portability and when you can start

Under USCIS H-1B portability rules, you can start working for a new employer as soon as they properly file a non-frivolous Form I-129 petition on your behalf, or on the requested start date on the petition, whichever is later. You do not have to wait for USCIS to approve the petition to begin the new job.

If you were laid off or quit, USCIS regulations allow a discretionary grace period of up to 60 consecutive calendar days (or until your authorized validity period ends, whichever is shorter) for a new employer to file for you.

What is an H-1B transfer and when can you start working?

An H-1B transfer is not a physical transfer of an existing petition from one company to another. Instead, your new employer files a brand-new Form I-129 (Petition for a Nonimmigrant Worker) requesting a change of employer and an extension or amendment of your stay.

Under H-1B portability provisions on the USCIS H-1B Specialty Occupations page, to qualify for H-1B portability, you must meet two requirements:

• You have not been employed without authorization from the time of your last admission into the United States.
• Your new employer properly files a new, non-frivolous Form I-129 petition before your H-1B period of authorized stay expires.

What happens while your H-1B transfer petition is pending?

If you meet the portability rules above, your employment is authorized while USCIS decides the Form I-129. If the new petition is approved, you continue working for the period shown on the new approval notice. If the new petition is denied, your work authorization under portability ends immediately upon denial, though you may continue working for your previous employer if your prior period of authorized employment is still valid.

If you were already counted against the regular 65,000 H-1B cap or the 20,000 U.S. master's degree exemption and are applying for the time remaining on your 6-year period of authorized admission (or an extension beyond 6 years under AC21), the Form I-129 instructions confirm your new employer's petition is exempt from the annual H-1B lottery.

Step-by-step H-1B transfer process and timeline example

Every H-1B change of employer follows three steps across the Department of Labor (DOL), USCIS, and your new company's human resources onboarding.

Step 1: Labor Condition Application (LCA). Before filing with USCIS, your new employer must submit Form ETA-9035/9035E to the DOL for certification. USCIS notes that a certified LCA is required initial evidence that must accompany a properly filed H-1B petition, and the DOL generally reviews and certifies LCAs within 7 working days. On the LCA, the employer attests it will pay at least the actual wage paid to similarly qualified workers or the prevailing wage in your geographic work area, whichever is greater, and that notice was given to the union bargaining representative or posted at the place of employment.

Step 2: Form I-129 filing with USCIS. Your employer completes Form I-129, the H Classification Supplement, and the H-1B Data Collection and Filing Fee Exemption Supplement, selecting Box E (Change of employer) in Part 2, Item 2. They submit the package online or by mail with the certified LCA, required fees, and supporting documents. Starting November 9, 2026, USCIS accepts only the 09/09/26 edition of Form I-129. Employers can also file Form I-907 for premium processing, which USCIS states reduces the wait for adjudication to less than 15 business days.

Step 3: Form I-9 verification on portability. When you begin working under portability, you and your new employer must complete a new Form I-9. According to the USCIS Handbook for Employers (M-274, Section 7.5), your unexpired Form I-94 issued for employment with your previous employer, together with your foreign passport, qualifies as a List A document. Your new employer writes "AC-21" and enters the date they submitted Form I-129 to USCIS in the Additional Information field in Section 2.

To show how these timeframes fit together, the table below walks through a worked timeline example using the published DOL and USCIS processing windows.

Documents required for an H-1B transfer

Both your new employer and you must supply initial evidence with Form I-129. Under the Form I-129 instructions (09/09/26 edition) and USCIS H-1B filing guidance, USCIS no longer asks petitioners to submit duplicate copies of the petition or supporting evidence, because electronic scanning and data-sharing with the Department of State make duplicates unnecessary.

Use this checklist to gather your transfer file before your new employer submits the petition:

• Employer forms: Completed and signed Form I-129, the H Classification Supplement (beginning on page 13), the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement (beginning on page 21), and Form G-28 if represented by an attorney.
• Certified LCA: A copy of the DOL-certified Form ETA-9035/9035E covering your Standard Occupational Classification (SOC) code and area of intended employment.
• Proof of bona fide specialty occupation: Evidence that the employer has a real specialty occupation position available as of the requested start date, plus a copy of any written employment contract or a summary of the terms of your oral employment agreement.
• Proof you maintained valid status: Copies of your Form I-94 Arrival/Departure Record (available at cbp.gov/i94) and prior Form I-797 approval notices. The Form I-129 instructions state that if you are employed in the United States, the petitioner may submit copies of your last 2 pay stubs, Form W-2, and other relevant evidence.
• Passport: A copy of your valid passport or travel document.
• Educational credentials: A copy of your U.S. bachelor's or higher degree in the required specialty, a foreign degree with evidence of U.S. equivalency, or evidence of equivalent education, specialized training, and progressively responsible experience. If degree requirements are met but the diploma is not yet issued, you can submit a final transcript or a letter from the registrar.
• State license (if required): A copy of any required state or local license or state permission to practice the occupation in the state of intended employment.
• Dependent applications (optional): If your spouse or unmarried children under 21 are extending H-4 status on Form I-539 (and your spouse is filing Form I-765 for an H-4 EAD), USCIS will adjudicate them together with your Form I-129 if they are packaged together and properly filed at the same time and location.

H-1B transfer after a layoff: the 60-day grace period

If you are laid off, fired, or quit your job, 8 CFR 214.1(l)(2) permits a discretionary grace period of up to 60 consecutive calendar days, or until the end of your authorized nonimmigrant validity period, whichever is shorter. For a deeper look at every option during this window, read our guide to the H-1B 60-day grace period.

How the clock starts and works. USCIS guidance on termination of employment explains that the maximum 60-day grace period starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid. It applies to both voluntary resignation and involuntary termination, and you are eligible for it once during each authorized employer petition validity period.

Porting during the grace period. You cannot work during the grace period itself unless authorized. However, if a new employer properly files a non-frivolous H-1B petition on your behalf before the grace period ends, USCIS states you can begin work immediately after USCIS receives the petition and continue to maintain your H-1B status. USCIS advises petitioners to state in a cover letter that they are requesting USCIS to favorably exercise its discretion to grant the up to 60-day grace period.

What if you file a B-1/B-2 bridge first? If you file a non-frivolous Form I-539 to change status to B-1 or B-2 visitor before your 60-day grace period expires, that timely filing stops the accrual of unlawful presence while pending. Searching for a job and interviewing are permissible B-1/B-2 activities, though working is prohibited. If you then find a new employer who files Form I-129 with a request for premium processing, USCIS states it will generally process the pending Form I-539 and the Form I-129 together during the premium processing timeframe and issue concurrent decisions, without requiring you to depart the United States.

Return transportation after a layoff. If your H-1B employer involuntarily terminates your employment before the end of your period of authorized stay and you choose to depart the United States, 8 CFR 214.2(h)(4)(iii)(E) requires the employer to pay the reasonable costs of your return transportation to your last place of foreign residence. The employer is not responsible for return transportation if you voluntarily resign.

Moving from cap-exempt to cap-subject H-1B (and concurrent work)

H-1B workers employed at an institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a government research organization are exempt from the annual numerical cap. What happens when you transfer depends on where you are going.

Direct transfer to a cap-subject company. If you leave your cap-exempt job to work only for a cap-subject employer (and you were not previously counted against the cap), your new employer's H-1B petition is subject to the annual H-1B cap. Your new employer must first submit an electronic registration when the registration period opens (typically in March, for a $215 registration fee), be selected, and file a petition with a start date of October 1 or later of the applicable fiscal year.

Starting in fiscal year 2027 (under a final rule effective February 27, 2026), USCIS uses a weighted cap selection process based on the Occupational Employment and Wage Statistics (OEWS) wage level: registrations at wage level IV are entered into the selection pool 4 times, level III 3 times, level II 2 times, and level I 1 time.

The concurrent employment path. You do not have to wait for the lottery if you keep your cap-exempt job while adding a cap-subject role. Under USCIS portability rules, if you are currently employed in a cap-exempt position, you may engage in concurrent employment in a cap-subject position as long as you continue to be employed in the cap-exempt position. Your cap-subject employer selects Box D (New concurrent employment) on Form I-129, and you can start working concurrently for the cap-subject employer as soon as they properly file a non-frivolous Form I-129, or on the petition's requested start date, whichever is later.

How an H-1B transfer affects your green card, Form I-140 and 6-year limit

An H-1B transfer does not reset your 6-year maximum period of stay. Only time spent physically in the United States in H-1B status counts toward the 6 years, and any trips outside the country exceeding 24 hours can be recaptured with travel records. To start a brand-new 6-year period, you must remain outside the United States for 1 continuous year.

If your previous employer started your green card process, USCIS FAQs for H-1B workers lay out what carries over when you change employers:

Employer filing fees and 2025-2026 rules for H-1B transfers

When an employer files Form I-129 to hire an H-1B worker from another company, the Form I-129 instructions and USCIS alerts specify which statutory fees apply, and USCIS rejects any petition submitted with an incorrect fee.

Reduced fees for small employers and nonprofits. Under the Form I-129 instructions, employers with 25 or fewer full-time equivalent employees in the United States (including affiliates and subsidiaries) qualify for a reduced Form I-129 fee, a reduced Asylum Program Fee, and pay only one-half of the required ACWIA training fee. Qualifying nonprofits, educational institutions, and governmental research organizations qualify for a reduced Form I-129 fee, pay no Asylum Program Fee, and are exempt from the ACWIA fee.

ACWIA and Fraud Prevention fees. The Form I-129 instructions state that the ACWIA training fee may not be assessed to the H-1B beneficiary. In addition, any petitioner seeking approval to employ an H-1B worker currently working for another employer must submit the Fraud Prevention and Detection fee.

9-11 Biometric Fee (effective September 9, 2026). Under a DHS final rule effective September 9, 2026, covered employers (those with 50 or more employees in the United States where more than 50 percent are in H-1B, L-1A, or L-1B status) must submit the statutory 9-11 Response and Biometric Entry-Exit Fee for all H-1B petitions, unless the filing is an amended petition that does not seek to extend the worker's currently authorized status.

Why the $100,000 Presidential Proclamation payment does not apply to in-country transfers. Under the September 19, 2025 Presidential Proclamation, certain overseas or consular-notification H-1B petitions filed on or after September 21, 2025, were subject to a $100,000 payment (and on June 8, 2026, a federal district court in State of California v. Mullin vacated the agency guidance implementing that payment). Regardless of the litigation, USCIS states that the Proclamation does not apply to a petition filed on or after September 21, 2025, requesting an amendment, change of status, or extension of stay for a worker inside the United States when that request is granted. You also remain exempt from the payment if you later travel abroad to apply for a visa based on that approved petition.

International travel and visa stamping during or after a transfer

Traveling outside the United States during a job change carries different rules depending on whether you are in a grace period, waiting for an extension, or changing status. For the full embassy process, see our H-1B visa stamping guide and our overview of the H-1B visa.

Do not travel during the 60-day grace period. USCIS states that the grace period ends upon any departure from the United States. If you leave during the grace period before a new petition is filed, you cannot re-enter under the grace period.

Traveling while Form I-129 is pending. You must be physically present in the United States when your employer files a petition requesting an extension of stay. However, USCIS FAQs explain that departing the United States while an H-1B petition requesting an extension of stay is pending will generally not serve as a basis to deny the extension request. By contrast, if a pending petition requests a change of status to H-1B from another visa category and you depart before adjudication, USCIS considers the change of status request abandoned and approves the petition for consular notification only.

Documents required to re-enter the United States. The Form I-129 instructions state that when traveling to the United States, you should carry your valid passport, a valid H-1B visa (if required), and your Form I-797 Notice of Action showing that USCIS approved the petition, and present them to U.S. Customs and Border Protection at the port of entry.

What the consular officer may ask at stamping after an H-1B transfer

If you travel abroad and apply for a new visa stamp after changing employers, the consular officer will check that your new role is a legitimate specialty occupation and that you maintained lawful status during the transition. You can review the full list of questions in our guide to H-1B visa interview questions. Prepare for these transfer-specific questions before your appointment:

• "Who is your petitioner now, and what will you do for them?" What it checks: that you know your new Form I-129 job duties and that the position requires a bachelor's degree or higher in a directly related specialty. How to prepare: review the job description on your new Form I-129 and be ready to summarize your role in one or two plain sentences.
• "When did you leave your previous employer, and when did your new employer file this petition?" What it checks: that you did not work without authorization and that your new Form I-129 was filed before your authorized stay or 60-day grace period expired. How to prepare: know your exact last paid day at your former company and the receipt date on your new Form I-797 Notice of Action.
• "What is your annual salary, and where will you be working?" What it checks: that your compensation and worksite match the certified Labor Condition Application (Form ETA-9035) filed with your petition. How to prepare: check the rate of pay and worksite city and state listed on your LCA and Form I-129.
• "Will you work at a third-party client site?" What it checks: Part 5 of the Form I-129 instructions requires employers placing an H-1B worker off-site to disclose the assignment and advise the worker. How to prepare: if you are placed at a client location, know the client's name, the worksite address, and bring your employment agreement or assignment confirmation.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, U.S. Customs and Border Protection (CBP) or any government agency.