Switching Jobs on H-1B?

Thinking about a new job opportunity? Here's how to navigate a change in employers while maintaining your H-1B visa status:

1. Secure Sponsorship from Your New Employer:

• Before you give notice, confirm your new employer will sponsor your H-1B visa. They'll file a new petition (Form I-129) with USCIS on your behalf.

2. The H-1B Transfer Process:

• There's no separate visa for transferring H-1B status. The new employer's petition acts as a transfer, provided you meet specific requirements.

3. Starting Your New Job (H-1B Transfer Portability):

• You can potentially start working for your new employer as soon as USCIS receives the petition (even while it's pending). This is called "portability." However, waiting for USCIS to receive the petition is crucial to avoid complications.

4. No Need for a New EAD (Work Authorization):

• Your existing H-1B approval notice allows you to work for any employer sponsoring your H-1B visa. You don't need a new EAD (work permit) when transferring jobs.

5. Maintaining H-1B Status During Transfer:

• It's essential to stay in lawful status throughout the process. This means adhering to your H-1B terms, working only for the sponsoring employer, and following immigration rules.

6. Traveling Outside the US? Seek Guidance:

• If you plan to travel abroad while changing employers, consult an immigration attorney to understand potential impacts on your H-1B status and re-entry into the US.

Remember: Changing H-1B employers requires careful planning and following immigration regulations. Consider consulting an immigration attorney to ensure a smooth transition and compliance with the law.