I have been on H-1B for 2 years with my current employer. I have a better job offer from another company. Can I switch jobs? Will my visa status be affected? Do I need to start the H-1B process all over again?
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I have been on H-1B for 2 years with my current employer. I have a better job offer from another company. Can I switch jobs? Will my visa status be affected? Do I need to start the H-1B process all over again?
Something many people miss: your new employer inherits your remaining H-1B time, not a fresh 6 years. If you have 4 years remaining, the transfer petition is approved for 4 years. Also worth knowing — if you have an approved I-140 from your previous employer, you may be able to retain your priority date under AC21 even if you change employers, as long as the new job is in the same or similar occupational category. This is extremely valuable if you are from India or China and have been waiting years for a priority date to become current.
Step-by-step for H-1B transfer:
I switched employers twice while on H-1B. The most important thing: do not quit your current job before the new employer files the transfer petition. There is a grey area called “cap-gap portability” that lets you start working immediately upon filing, but if anything goes wrong with the timing and your status lapses, it gets complicated. My second job switch I used premium processing — the $2,805 was worth it for the peace of mind. Also make sure your new employer’s attorney requests your complete H-1B file from your previous employer’s attorney before leaving.
Under the AC21 portability provisions, you may change employers while on H-1B without losing your cap-subject status. The new employer must file an H-1B transfer petition — technically a new petition but cap-exempt since you were already counted. You may begin working for the new employer as soon as the transfer petition is filed (not after approval), as long as you are in valid H-1B status at the time of filing. USCIS will typically adjudicate the transfer within 2–3 months, or 15 business days with premium processing. There is no re-lottery requirement since you are already in the cap count.