If I resign, can I return with another employer?

Yes. In general, someone on an H-1B can resign and remain in the United States with a new employer, provided the applicable timelines and procedures are followed. The visa is tied to the employer, so the switch happens through a new petition.

The new employer must file a transfer petition for the H-1B. Under the portability rule, you can typically begin working for the new employer as soon as that petition is filed and received by USCIS, without waiting for a final decision, as long as your status is still valid.

• The transfer is initiated by the new employer, with a new petition to USCIS.
• Portability generally allows you to start work upon filing.
• After employment ends, there is a grace period to sort out your situation.

If you are unable to secure a new position within that period, your status may be at risk and you may need to consider alternatives, such as departing the country. For that reason, it is worth checking the latest USCIS guidance and planning the transition with the support of an immigration professional.

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.