In many cases yes, as long as you act quickly. An H-1B transfer is simply a new employer filing a petition to take over your sponsorship. The critical point is that this petition must be filed while your current status is still valid.
When the petition is filed on time, H-1B portability rules generally allow you to begin working for the new employer as soon as the petition is submitted, without having to wait for a final decision, subject to applicable conditions.
A few things to keep in mind when the deadline is tight:
- gather in advance all the documents your new employer will need to file the petition;
- make sure the petition is filed before your status expires;
- avoid letting your status lapse with no petition pending, so your work authorization is not interrupted.
Because every case has its own details and processing times vary, it is worth confirming the current procedure with USCIS or with specialized counsel before making decisions that depend on timing.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
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.