If I resign, can I return with another employer?

The H-1B visa is highly sought after by skilled professionals wishing to work in the United States. One common question is about the possibility of changing employers, especially in the case of resigning from the current job. Understanding how this transition works is essential to maintain your lawful status and avoid complications with immigration laws.

If you resign from your current job while holding an H-1B visa, it is generally possible to seek another opportunity with a new employer. The new employer will need to file an H-1B transfer petition on your behalf. Once the petition is properly filed and, preferably, received with a USCIS receipt notice, the portability rule allows you to start working for the new employer, provided your visa is still valid.

It is important to highlight that if your employment ends (whether by your own decision or the employer”s), you have a grace period-usually up to 60 days or until the end of your status validity, whichever comes first-to regularize your situation through a new petition. During this time, it is crucial that the new employer acts promptly to complete the transfer within the deadline and properly.

If it is not possible to find another opportunity within this period, maintaining your status may be compromised, and you may need to consider other alternatives, which can include leaving the country and, in the future, reentering under a different visa.

Always remember the importance of strictly following U.S. immigration laws, seeking guidance from reliable specialists, and avoiding miracle promises or marketing campaigns that guarantee immediate results. Each case has particularities, and a detailed analysis is essential to ensure all steps are properly fulfilled. This way, you will have more security in this transition and minimize potential risks.

Therefore, if you decide to resign, yes, it is possible to return with another employer through transferring your H-1B visa, provided all legal procedures and deadlines are respected.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.