How to maintain H-1B status when changing employers?

Changing employers without losing your H-1B is a common situation, and the key is following the right sequence. As a general rule, your new employer must file a transfer petition with USCIS before you begin your new duties. In practice, this petition functions as a continuation of your current status.

A sensitive point is when you can start at the new job. The rules generally allow you to begin working as soon as the petition is properly filed, sometimes even while it is still under review. Even so, starting before receiving confirmation carries some risk, so it is worth understanding the nuances carefully and proceeding with caution during the transition.

• Your new employer files the transfer petition before you change roles.
• You continue meeting the conditions of your current status until the change is finalized.
• Your new employment terms must align with what was approved, to avoid scrutiny.

Throughout the process, keep your documentation in order and avoid gaps between one employment relationship and the next. Since each case has its own details and timelines that matter, the safest approach is to check the updated rules at the official source and, if needed, seek specialized support, being wary of any guarantee of a specific outcome.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.