Updated November 12, 2026

Transfer of H-1B Visa: How H-1B Portability Works, Step-by-Step Filing, and 60-Day Grace Period Rules

A transfer of an H-1B visa, called H-1B portability, lets you switch employers without re-entering the annual H-1B lottery. First, the Department of Labor certifies your new employer's Labor Condition Application, generally within 7 working days. Under U.S. Citizenship and Immigration Services (USCIS) rules, you can begin working once your new employer properly files a nonfrivolous Form I-129 before your authorized stay expires, or on the petition's requested start date if later. If your previous job ended through a layoff or resignation, USCIS regulations allow a discretionary grace period of up to 60 consecutive calendar days, or until your current validity period ends if shorter, for a new employer to file on your behalf.

What a transfer of an H-1B visa actually is (AC21 portabilityNamed

Despite the common phrase transfer of H-1B visa, neither you nor your previous company transfers an existing approval notice. Instead, your new employer files a brand-new, nonfrivolous Form I-129, Petition for a Nonimmigrant Worker, requesting to amend or extend your H-1B status. Under 8 U.S.C. 1184(n) and Section 212(n) of the Immigration and Nationality Act, summarized in Department of Labor Fact Sheet #62W, portability preserves the legal status of an H-1B worker already in the United States while moving to a new job.

If you were already counted against the annual H-1B numerical cap of 65,000 visas or the 20,000 U.S. master's or higher degree exemption, changing private-sector employers does not require entering the H-1B lottery again. Your current employer does not need to give permission or sign a release, and there is no numerical cap on how many times you can transfer within your authorized stay.

If an occupation requires a state or local license to practice fully in the state of intended employment, 8 CFR 214.2(h)(4)(v)(A) through (B) generally requires you to hold that license before petition approval rather than at filing. Under a December 18, 2024 Department of Homeland Security final rule, a company where you own more than 50 percent or hold majority voting rights can sponsor your H-1B. You must perform specialty occupation duties a majority of the time, and the initial approval and first extension for beneficiary owners are limited to up to 18 months each.

To qualify for H-1B portability when changing employers, you and your new employer must meet these core eligibility requirements under USCIS and Department of Labor rules.

• Lawful admission and status: Lawfully admitted to the United States as a nonimmigrant and maintaining valid status, or within a discretionary grace period.
• No unauthorized work: No employment without authorization from the time of your last admission into the United States.
• Timely nonfrivolous petition: New employer properly files a nonfrivolous Form I-129 before your H-1B period of authorized stay expires.
• Certified Labor Condition Application: Unexpired Department of Labor certified Form ETA-9035 or ETA-9035E covering the specific work and geographic area.
• Specialty occupation qualification: Role requires a U.S. bachelor's or higher degree in a directly related specific specialty (or equivalent), and you hold that degree, a foreign equivalent, a qualifying unrestricted state license, or recognized equivalent experience.

Step-by-step H-1B transfer process and processing timelines

Every H-1B change of employer follows a two-agency sequence, first with the Department of Labor and then with USCIS. Your new employer cannot file Form I-129 while a Labor Condition Application is pending, because USCIS requires a certified Labor Condition Application as initial evidence. If the employer already holds an unexpired, approved Labor Condition Application covering the exact same work, Department of Labor guidance permits submitting that certification.

Otherwise, the employer submits Form ETA-9035E electronically through the Department of Labor's Foreign Labor Application Gateway (FLAG) system, which the Department of Labor generally reviews and certifies within 7 working days. On the form, the employer attests to 4 labor rules: paying at least the actual wage paid to similarly qualified workers or the geographic prevailing wage (whichever is greater), providing working conditions that do not adversely affect similarly employed workers, confirming no strike or lockout at the workplace, and notifying the union bargaining representative or posting notice at the place of employment.

Next, your new employer files Form I-129 by mail or online, completing Part 6 on controlled technology release and including a valid handwritten signature (or a photocopy, scan, or fax of an original signed request, as USCIS rejects typed names, stamps, autopens, and pasted signature images). Dependent Form I-539 extensions for an H-4 spouse or unmarried children under 21, plus an eligible H-4 spouse's Form I-765, are adjudicated together with Form I-129 when packaged and properly filed at the same time and location.

Under portability, you may start work upon proper Form I-129 filing with USCIS or on the requested start date, whichever is later. If you prefer a final decision before resigning, the employer can file Form I-907 for premium processing, where the wait for adjudication is often less than 15 business days (measured in business days rather than calendar days). USCIS generally does not consider separate expedite requests when premium processing is available.

H-1B filing paths, start-date rules, and adjudication timelines

USCIS filing fees and 2026 payment rules

Employers verify exact required fees by company size and nonprofit status on USCIS Form G-1055, Fee Schedule, because incorrect fees cause rejection. Online filings are paid through Pay.gov, while Lockbox mail filings require card authorization on Form G-1450 or U.S. bank ACH authorization on Form G-1650 (unless exempt on Form G-1651). Cash is never accepted, and any non-waivable Public Law 119-21 fee adjusts annually and requires separate concurrent payment. USCIS also removed the Form I-539 biometrics fee and appointment requirement for H-4 dependents.

Under a DHS final rule issued August 10, 2026 and effective September 9, 2026, covered employers (50 or more U.S. employees with more than 50 percent in H-1B, L-1A, or L-1B status) must submit the 9-11 Biometric Fee on H-1B petitions postmarked or submitted electronically on or after September 9, 2026, except amended petitions not extending stay. A September 19, 2025 Presidential Proclamation added a $100,000 payment (uscis.gov, as of November 2026) for certain H-1B petitions filed at or after 12:01 a.m. Eastern on September 21, 2025. That rule excluded petitions granted inside the United States as amendments, changes of status, or extensions of stay. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agency guidance implementing that payment, the First Circuit denied a stay on July 24, 2026, and DHS is complying with the court's order. Finally, under 8 CFR 214.2(h)(4)(iii)(E), an employer that involuntarily terminates you before your authorized stay ends must pay reasonable return transportation costs to your last foreign residence if you depart, though not if you resign voluntarily.

When to resign, denials, and portability vs. the 240-day rule

Under portability, you may resign and join your new employer as soon as USCIS receives the properly filed Form I-129, or wait until approval (often using Form I-907 premium processing) to avoid risk. If USCIS denies the transfer petition, portability work authorization terminates automatically when USCIS notifies the new employer, though you may continue working for your previous employer if your prior authorized employment period remains valid.

Keep H-1B portability distinct from the 240-day rule. A timely extension of the exact same job with the same employer authorizes work for up to 240 days past Form I-94 expiration, whereas a timely portability transfer petition authorizes work for the entire time Form I-129 remains pending at USCIS. Denials of extension of stay or change of status cannot be appealed and leave you out of valid status as of your Form I-94 expiration date, and while an employer can file a motion or appeal of the underlying petition denial on Form I-290B, doing so does not stop unlawful presence from accruing.

Transferring during the 60-day grace period (with worked example

After a layoff or voluntary resignation, 8 CFR 214.1(l)(2) permits a discretionary grace period of up to 60 consecutive calendar days, or until your authorized validity period ends if shorter, starting the day after termination (typically the last day salary or wage is paid). You are eligible once per authorized employer petition validity period. Work is prohibited during the grace period (though an H-4 spouse's valid EAD remains valid), and departing the United States ends the grace period immediately.

Once a new employer obtains a certified Labor Condition Application and properly files Form I-129 within the grace period with a cover letter requesting USCIS discretion, you may start working immediately upon USCIS receipt and remain in authorized stay past day 60. If day 60 is near before the 7-working-day LCA can clear, you can file a nonfrivolous Form I-539 to change status (such as to H-4, L-2, F-1, or B-1 or B-2, where job searching and interviewing are allowed but working is barred). If a new employer later files Form I-129 with premium processing while your B-1 or B-2 Form I-539 is pending, USCIS generally processes both together during the premium processing timeframe.

Worked example written by our team (invented worker and employers): Priya holds an H-1B at Alpha Corp valid through August 2028, is laid off with her last paid day on March 31, and enters her 60-day grace period from April 1 through May 30 without working or traveling abroad. Beta Tech submits Form ETA-9035E via FLAG on May 4 (day 34), receives DOL certification 7 working days later on May 13 (day 43), and delivers Form I-129 to USCIS on May 18 (day 48) with a grace-period request letter. Priya completes a new Form I-9 using her passport and Alpha Corp Form I-94 and starts legally at Beta Tech on May 18, 12 days before day 60.

• Same-employer rehire: You may resume the exact same role without a new filing if the petition wasn't revoked by a termination notice to USCIS. Changed duties or prior revocation require an amended or new petition.
• Termination while abroad: The grace period does not apply if terminated abroad with no notice or if notice ends before you return, unless you return before the effective termination date.
• Compelling Circumstances EAD: Workers with an approved Form I-140, an unavailable visa number, and compelling circumstances can seek a 1-year EAD, though working on it ends nonimmigrant status and requires consular processing abroad later.

Form I-9 verification rules for HR and porting employees

Under Section 7.5 of the USCIS Handbook for Employers (M-274), a new employer onboarding a porting H-1B worker before petition approval must complete a new Form I-9. The employee's unexpired Form I-94 issued for the previous employer, presented with their unexpired foreign passport, qualifies as a List A document, and the employer writes AC-21 plus the Form I-129 USCIS submission date in Section 2 Additional Information.

Form I-9 compliance rules for H-1B hires and extensions (USCIS M-274 Section 7.5_

Cap-exempt moves, 6-year limits, and Green Card portability

If you hold a cap-exempt H-1B (at an institution of higher education, affiliated nonprofit, or nonprofit or government research organization) and were never counted against the cap, moving solely to a cap-subject employer requires cap registration (typically in March, governed from February 27, 2026 by the DHS weighted selection rule, for an October 1 or later start date filed at most 6 months ahead). However, you may start concurrent cap-subject employment immediately upon Form I-129 filing without the lottery as long as your cap-exempt employment continues.

Standard H-1B admission is up to 3 years plus a 3-year extension (6 years total), excluding recapturable periods outside the United States exceeding 24 hours proven by travel records. Under 8 CFR 214.2(h)(13)(iii)(D) and (E), a new employer can extend H-1B past 6 years in up to 1-year increments if a PERM or Form I-140 was filed at least 365 days earlier, or up to 3-year increments with an approved EB-1, EB-2, or EB-3 Form I-140 and an unavailable Visa Bulletin number.

An approved Form I-140 locks in your priority date absent fraud, willful misrepresentation, or agency error. Employer withdrawal within 180 days triggers automatic revocation (preserving your priority date, though ending post-6th-year extension use), whereas after 180 days of approval USCIS will not revoke Form I-140 solely due to employer withdrawal or business closure. Once Form I-485 has been pending at least 180 days, INA Section 204(j) allows porting to a same or similar permanent job offer (or qualifying self-employment) using Form I-485 Supplement J.

International travel rules and transfer document checklist

You must be physically inside the United States when an H-1B extension of stay is filed. Departing while an H-1B extension of stay is pending generally will not cause denial (and your employer can request consular notification), whereas departing while a change of status to H-1B is pending abandons the change of status. When re-entering after approval, carry your valid passport, valid H-1B visa (unless exempt), and approved Form I-797, and check your new CBP Form I-94 because you and any H-4 family members must act before an earlier Form I-94 expiration date. Workers with a pending Form I-485 not in removal proceedings can travel without abandoning Form I-485 using valid Advance Parole or by returning on a valid H-1B visa to resume authorized H-1B work.

Use this transfer checklist written by our team from USCIS and Department of Labor rules before filing.

• Identity and status: Valid passport, current Form I-94, and prior Form I-797 approvals showing cap history.
• Qualifications and recapture: Degree diplomas and transcripts (or equivalency records), required state license, chart and proof of trips abroad exceeding 24 hours, and any Form I-140 or 365-day PERM proof.
• Grace period and H-4 family: Proof of last paid workday if in the 60-day grace period, plus packaged Form I-539 and eligible H-4 Form I-765.
• Employer packet: Certified FLAG Form ETA-9035E and posting notice, Form I-129 with Part 6 and valid handwritten signature, grace-period cover letter if needed, Form G-1055 fees, and Form I-9 Section 2 AC-21 entry.

Practice example

Your H-1B visa stamp in your passport names your old company, but you say you now work for a different U.S. employer. When did you switch, and what authorizes you to work for this new company?

Give a direct, chronological answer in two or three sentences that aligns with your USCIS records. State the exact name of your new sponsoring employer, your specialty occupation job title, and the date your new employer filed Form I-129 under H-1B portability (or the date USCIS approved it). If you transitioned during a post-termination grace period, know your exact last paid workday at your prior company so you can show the new Form I-129 was filed within 60 consecutive calendar days and before your prior Form I-94 expired. Have your original approved Form I-797 Notice of Action for the new employer, your valid passport, your unexpired H-1B visa stamp, a copy of your certified Labor Condition Application, and recent pay stubs organized in your hand-carry folder so you can hand over the approval notice immediately if the officer asks to inspect it.

Consular and U.S. Customs and Border Protection officers verify that you maintained lawful H-1B status without unauthorized employment between jobs and that you hold an approved Form I-129 petition for the employer you are entering to join. Clear dates backed by your new Form I-797 Notice of Action confirm your eligibility in seconds.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.