Risks of switching after selection, new employer must file new petition, portability rules, what to tell current employer, and how to navigate the transition
You were selected in the FY2027 H-1B lottery and now you want to switch employers — maybe you received a better offer, maybe your current employer is not supportive, or maybe you want to negotiate from a position of strength. The short answer: yes, you can change employers, but it requires a completely new H-1B petition and carries significant risks. This guide explains exactly how it works.
Quick Answer: Yes, you CAN change employers after H-1B selection, but the new employer must file a completely new H-1B petition with their own LCA and pay all filing fees. Your selection is tied to the original employer. The new employer must file before June 30, 2026. Risk: If the new petition is denied, you lose H-1B status entirely. Do NOT quit your current job until the new petition is approved.
| Scenario | Can You Switch? | Risk Level | Recommended? |
|---|---|---|---|
| New employer files new cap-subject petition | Yes | Medium | Only if new employer was also selected |
| New employer is cap-exempt | Yes | Low | Yes — no lottery needed |
| Switch after October 1 (H-1B active) | Yes | Low | Yes — portability applies |
| Quit before petition filed | Lose selection | Critical | Never do this |
| Company | H-1B Filings | Top Roles |
|---|---|---|
| Amazon | 55,150 | Software Engineer, Data Engineer |
| Microsoft | 34,626 | Software Engineer, Program Manager |
| 33,416 | Software Engineer, Research Scientist | |
| Infosys | 32,840 | Technology Analyst, Systems Engineer |
| Tata | 28,950 | IT Consultant, Software Developer |
| Cognizant | 26,700 | Software Engineer, Business Analyst |
| Deloitte | 18,200 | Consultant, Advisory Manager |
| Apple | 15,800 | Software Engineer, ML Engineer |
| Meta | 14,900 | Software Engineer, Research Scientist |
| JPMorgan | 12,400 | Software Engineer, Quantitative Analyst |
H-1B portability (AC21) allows you to begin working for a new employer as soon as the new H-1B petition is filed — you do not need to wait for approval. However, this only applies AFTER your H-1B status is active (October 1 or later). Before October 1, you cannot use portability because you are not yet in H-1B status.
If you want to switch before October 1: The new employer must file their own H-1B cap-subject petition before June 30, 2026. This requires a new LCA, new filing fees, and a new Form I-129 (02/27/2026 edition). The new employer must also have registered you separately in the lottery — they cannot piggyback on your original employer's selection. If the new employer did NOT register you, they cannot file a cap-subject petition for you until FY2028.
The safest strategy: Let your current employer file the petition. Start H-1B status on October 1. Then transfer to the new employer using portability — you can start working for the new employer the day the transfer petition is filed. This eliminates the risk of losing your H-1B entirely.
Check the new employer's H-1B filing history, approval rate, and wage levels before making the switch.
Search Employer Data →Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Your selection is tied to the original employer's registration. If you leave that employer before they file, your selection is effectively lost. The new employer would need to have registered you separately AND been selected to file a cap-subject petition. After October 1, portability allows transfers without a new lottery selection.
Absolutely. H-1B selection is valuable — your employer invested time and money in the registration and will invest more in the petition. You can negotiate salary, title, benefits, and even signing bonus. However, do NOT threaten to leave before the petition is filed unless you have a concrete backup plan with another employer who also has a selection for you.
This is the biggest risk. If you tell your employer you plan to leave and they withdraw the petition before approval, you lose your H-1B. The safest approach: do not give notice until AFTER your H-1B petition is approved and you have started H-1B status on October 1. Then use portability to transfer.
Yes. If two employers both registered you and both were selected, both can file H-1B petitions. You can then choose which one to use. After October 1, you can even maintain concurrent H-1B employment with both employers. This is the ideal scenario for someone considering a switch.