Easy Guide to Changing Jobs on an H1B Visa
So, the good news is that changing jobs while working on an H1-B visa is perfectly legal as long as your new employer is ready to sponsor your visa. The process of changing employers is called an H1-B Transfer.
While the name may imply that it is just a transfer, the process involves your new employer petitioning for a new H1-B visa on your behalf.
Benefits of switching jobs on an H1-B visa
The thought of applying for a visa again may sound stressful, tedious, and complicated all at once, but you stand to benefit from your existing visa status in several ways-
- USCIS keeps a limit or a cap on the number of foreign workers authorized to work in the US every year. Generally, the cap is set at 65,000 every year (20,000 reserved for those with an Advanced degree); it can be scaled up and down depending on hiring needs. The goods news is that visa caps do not apply to you.
- You can start working for your new employer as soon as the USCIS issues a receipt on receiving the petition for a new H1-B visa.
- You can file more than one petition if you have multiple job offers. This process is commonly known as Bridging the petition.
- You do not need permission from your existing employer to file a new H1-B petition.
H1-B Transfer Process for the new employer
To enable the visa transfer, your future employer has to file a petition to USCIS.
- The new employer has to start the process by submitting the Labor Conditions Approval (LCA) to the Department of Labor (DOL).
- After gaining approval from DOL, they would have to submit the I-129 form with requisite documents and pay the application fees.
H1-B Transfer documents
Documents you need to submit -
- Copy of current H1-B visa, passport, social security card, and I-94
- Updated resume
- Recent payslips/paystubs
- Copy of University degree
Documents new employer needs to submit -
- A letter stating your title and salary jointly signed by your company and you
- A job description detailing your responsibilities
- The company’s financial statements or Annual Report
H1-B Transfer FAQs
We have tried to list all the questions you may have about switching jobs while working on an H1-B visa. Tell us in the comments if your query is not listed, and we will try to address it in this blog or the next blog.
Do I need to notify my current employer about the Visa Transfer?
You don’t need to inform your current employer about the visa petition filed by your future employer. However, switching employers may get complicated if you have signed a non-compete agreement. Consult a qualified attorney in such a case.
What to do if your current H1-B visa is nearing expiry?
You could ask your future employer to file for an extension. However, you could still work for 240 days in the US from the day of the visa expiration, even if an extension is not filed.
What if my HI-B transfer petition is denied? Would I have to leave the US?
As a first step, you can appeal the decision. You could also continue working for your current employer if they agree to let you remain on as an employee. A less appealing option might be to leave the United States and file a new H1-B visa petition.
Nonetheless, a denied petition does not mean you would have to leave the US. You can stay in the United States till the date mentioned on your I-94.
Do I need to wait for my new H1-B visa to start working for my new employer?
Your future employer can initiate the porting process, which would allow you to start working for them before you receive your new visa. The new company would need to kick start the process by submitting the I-129 form. Once you receive a receipt from USCIS confirming that the visa transfer petition is received, you can start your new job.
Would I be deported from the US if fired or laid off?
You will get a 60-day grace period to find a new employer, counted from your last day at the old company. However, if the expiration date on the I-94 comes before the 60 days could finish, you would have to leave by the stated date.
