Yes, you can change jobs on H-1B through the portability provision. Here's exactly how the H-1B transfer process works and what to watch out for.
One of the most common questions from H-1B holders is whether they can switch employers after their petition is approved. The short answer is yes — H-1B portability (under AC21, Section 105) allows you to start working for a new employer as soon as they file a new H-1B petition on your behalf. You do not need to wait for the new petition to be approved before starting work.
| Company | Total H-1B Filings |
|---|---|
| Amazon | 55,150 |
| Microsoft | 34,626 |
| 33,416 | |
| Infosys | 32,840 |
| Tata Consultancy Services | 28,950 |
| Cognizant | 26,700 |
| Deloitte | 18,200 |
| Apple | 15,800 |
| Meta | 14,900 |
| JPMorgan Chase | 12,400 |
H-1B portability was established by the American Competitiveness in the Twenty-First Century Act (AC21) to give H-1B workers flexibility to change employers without gaps in employment. The key requirements are: (1) you must be in valid H-1B status at the time the new petition is filed, (2) the new employer must file a complete H-1B petition (Form I-129) on your behalf, and (3) you were lawfully admitted to the U.S. The moment USCIS receives the new petition, you can begin working for the new employer — even before it is approved.
Critically, H-1B transfers are not subject to the annual H-1B cap or lottery. Since you already hold H-1B status, the new employer files a "cap-exempt" petition. This means you can transfer at any time during the year, and the process is generally faster and more predictable than an initial H-1B filing.
The typical H-1B transfer timeline is 1-3 months for regular processing, or 15 business days with premium processing ($2,805 fee as of 2026). Most large employers opt for premium processing to minimize uncertainty during the transition.
A: Yes. Under H-1B portability (AC21), you can begin working for the new employer as soon as they file the H-1B petition with USCIS. You do not need to wait for the approval notice. However, if the petition is ultimately denied, you must stop working for that employer immediately.
Q: Do I need to tell my current employer about the H-1B transfer?
A: There is no legal requirement to notify your current employer before filing an H-1B transfer. However, you should review your employment agreement for any notice period requirements. Most professionals give standard two-week notice after the new petition is filed or approved.
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Search H-1B Sponsors on Wisa →Yes. Under H-1B portability (AC21 Section 105), you can begin working for the new employer as soon as they file the H-1B petition with USCIS and receive a receipt notice. You do not need to wait for approval. However, if the petition is ultimately denied, you must stop working for that employer immediately and return to your previous employer or depart the U.S.
No. H-1B transfers are cap-exempt because you already hold H-1B status. The new employer files a change-of-employer petition (Form I-129) at any time during the year without entering the lottery. This makes transfers significantly more predictable than initial H-1B petitions.
It depends on the stage. If your I-140 has been approved for 180+ days, you can port your priority date to the new employer under AC21. If your I-140 is still pending or was recently approved, changing employers may require restarting the PERM/I-140 process. Consult an immigration attorney before transferring if you have an active green card case.
Regular processing takes 1-3 months for approval. Premium processing costs $2,805 (as of 2026) and guarantees a response within 15 business days. Most large employers use premium processing for transfers. Remember that under portability rules, you can start working as soon as the petition is filed — you don't need to wait for the actual approval.