How to change employers on H-1B, start working with just a receipt notice, and protect your green card process under the American Competitiveness in the 21st Century Act.
The American Competitiveness in the 21st Century Act (AC21) is one of the most important pieces of immigration legislation for H-1B workers. It allows you to change employers and start working for a new company as soon as USCIS receives the transfer petition — without waiting for approval. This 2026 guide covers H-1B portability rules, receipt notice requirements, what happens if a transfer is denied, the 180-day I-485 portability rule, and practical strategies for changing jobs safely.
These companies have extensive experience filing H-1B transfer petitions and are among the most active sponsors in the country.
| Company | Total H-1B Filings |
|---|---|
| Amazon | 55,150 |
| Microsoft | 34,626 |
| 33,416 | |
| Infosys | 32,840 |
| Tata Consultancy | 28,950 |
| Cognizant | 26,700 |
| Deloitte | 18,200 |
| Apple | 15,800 |
| Meta | 14,900 |
| JPMorgan Chase | 12,400 |
Before AC21, H-1B workers were essentially locked to their employer until a transfer petition was fully approved — a process that could take 6-12 months or longer. AC21 Section 105 fundamentally changed this by establishing H-1B portability: as long as you are in valid H-1B status when the new employer's transfer petition is filed, you can begin working for the new employer upon receipt of the I-129 petition by USCIS. The receipt notice (Form I-797C) serves as your authorization to begin employment. This applies to cap-subject and cap-exempt transfers alike, as transfer petitions are not subject to the annual H-1B cap.
There are critical requirements for portability to apply. First, you must be in valid H-1B status at the time the new petition is filed — meaning your I-94 has not expired and your current H-1B has not been revoked. Second, the new petition must be non-frivolous, meaning it is filed for a legitimate specialty occupation position. Third, you should not have worked without authorization in the U.S. If you were laid off and are in the 60-day grace period, portability is still possible if the new employer files before the grace period expires. USCIS has confirmed that the grace period counts as a period of authorized stay for portability purposes.
The I-485 portability rule under AC21 Section 106 is equally important for H-1B workers pursuing green cards. If your I-485 adjustment of status application has been pending for 180 days or more, you can change employers without losing your green card application — provided the new position is in the same or similar occupational classification as the one listed on the approved I-140 and labor certification. This means you can change jobs, get promotions, or even change industries, as long as the SOC code and general job duties are comparable. You do not need to start the PERM process over with the new employer.
Example 1: A Software Engineer at Infosys transferred to Google using H-1B portability. Google filed the I-129 transfer petition and the employee began working at Google upon receiving the I-797C receipt notice, while the petition was still pending. The new LCA listed a Level 3 wage of $192,000 for a Software Engineer III role in Mountain View, CA. The previous Infosys petition was automatically superseded once the Google petition was approved.
Example 2: A Data Analyst at a mid-size consulting firm used AC21 I-485 portability after 200 days of I-485 pending time. The worker moved to Amazon as a Business Intelligence Engineer in Arlington, VA at a prevailing wage of $158,000. Because the new role had the same SOC code (15-2051) as the original PERM filing, the green card application continued without interruption under AC21 Section 106.
Example 3: A Financial Analyst at a regional bank was laid off and used the 60-day grace period to secure an H-1B transfer with JPMorgan Chase. The new employer filed the transfer petition on day 45 of the grace period. The employee started working at JPMorgan upon receipt of the I-797C notice. The LCA was filed for a Senior Financial Analyst role in New York, NY at $135,000, Level 2 wage.
Search 45,000+ companies that actively sponsor H-1B transfers.
Search H-1B Transfer Sponsors →Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Yes. Under AC21 Section 105, you can begin working for the new employer as soon as USCIS receives the H-1B transfer petition (Form I-129) and issues a receipt notice (Form I-797C). You do not need to wait for the petition to be fully approved. The key requirements are: (1) you must have been in valid H-1B status when the new petition was filed, (2) the petition must be non-frivolous, and (3) you must not have engaged in unauthorized employment. The receipt notice typically arrives within 1-3 weeks of filing, or immediately if filed electronically. Premium processing ($2,805 fee) can get you an actual approval within 15 business days if you prefer certainty.
If you already started working under portability and the transfer petition is denied, you must stop working for the new employer immediately. You would generally need to return to your previous employer (if they still have a valid H-1B petition for you) or find another employer to file a new H-1B petition. USCIS has stated that employment during the pendency of a later-denied petition is not considered unauthorized if you met the portability requirements at the time of filing. However, you cannot continue working after the denial. You may request a motion to reopen or reconsider, but this does not restore work authorization. The 60-day grace period may apply from the date of denial, giving you time to find a new sponsor.
AC21 Section 106 allows you to change employers without abandoning your pending I-485 green card application, provided: (1) your I-485 has been pending for at least 180 days, (2) your I-140 immigrant petition is approved (or approvable), and (3) the new job is in the same or similar occupational classification as the job listed on the original PERM labor certification and I-140. Same or similar means the new position should have the same SOC code or a closely related one, with comparable job duties. You do not need USCIS approval to make the move — simply notify USCIS by filing a new AC21 portability letter (Form I-485 Supplement J) when requested or proactively. The new employer does not need to file a new PERM or I-140.
Yes. USCIS has confirmed that the 60-day grace period (8 CFR 214.1(l)(2)) counts as a period of authorized stay, which satisfies the requirement that you be in valid H-1B nonimmigrant status for portability purposes. If you are laid off, you have up to 60 days to find a new employer who will file an H-1B transfer petition. Once filed and the receipt notice is issued, you can begin working for the new employer under portability. The critical point is that the new petition must be filed and received by USCIS before the 60-day grace period expires. If the grace period lapses without a new filing, you fall out of status and portability no longer applies. Act quickly — start your job search immediately and have immigration counsel ready to file on short notice.