An H-1B transfer lets you change employers without going through the lottery again — here's exactly how the process works.
An H-1B visa transfer (officially called an H-1B 'portability' petition or change of employer petition) allows an H-1B worker to move from one sponsoring employer to another without re-entering the H-1B lottery. Under the American Competitiveness in the Twenty-First Century Act (AC21), you can begin working for the new employer as soon as the transfer petition is filed — you do not have to wait for approval. This is one of the most important protections for H-1B workers and understanding how it works is critical for career mobility.
| 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 |
The H-1B transfer process is technically not a "transfer" at all — it's a new H-1B petition filed by a new employer. The key distinction is that because you already hold H-1B status, this new petition is exempt from the annual H-1B cap (lottery). Your new employer must file a Labor Condition Application (LCA) with the Department of Labor and then submit a Form I-129 petition to USCIS.
Under the AC21 portability provision (INA §214(n)), you can begin working for the new employer on the date USCIS receives the transfer petition — you do not need to wait for approval. This is a critical protection that prevents employers from using the transfer timeline as leverage to keep workers from leaving. However, if the transfer petition is ultimately denied, you must stop working for the new employer immediately.
The H-1B transfer timeline typically ranges from 2-5 months for regular processing, or 15 business days with premium processing ($2,805 fee). Most workers and employers opt for premium processing to get certainty quickly. The transfer petition can be filed at any point during your current H-1B validity period, and USCIS will grant status through the earlier of your current H-1B expiration or three years from the new employment start date.
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Search H-1B Sponsors on Wisa →Yes. Under AC21 portability (INA §214(n)), you can begin working for the new employer as soon as USCIS receives the transfer petition, provided: (1) you are currently in valid H-1B status, (2) you have not violated your current immigration status, and (3) the new employer has filed a non-frivolous petition. You do not need to wait for the receipt notice — filing is sufficient. However, most workers wait for the receipt notice (typically received within 1-2 weeks) for practical documentation purposes.
No. You are not legally required to inform your current employer that you are filing an H-1B transfer. The process is between you, your new employer, and USCIS — your current employer is not notified by USCIS. However, you should give standard professional notice (typically two weeks) before your last day of work. Some workers file the transfer first, wait for receipt or approval, and then give notice. Your current employer cannot revoke your H-1B status retroactively or interfere with the transfer.
If the transfer petition is denied, you must stop working for the new employer immediately. However, you may still be able to return to your original employer if they haven't revoked your original H-1B petition and your status hasn't expired. Options after denial include: (1) your new employer files a motion to reconsider/reopen, (2) your new employer files a new petition addressing the denial reasons, (3) you return to your original employer, or (4) you find another employer to file a new transfer. Premium processing is recommended so you learn the outcome quickly.
The total cost of an H-1B transfer typically ranges from $3,000 to $8,000, including: USCIS I-129 filing fee ($460-$780 depending on employer size), anti-fraud fee ($500), ACWIA training fee ($750 or $1,500 depending on employer size), optional premium processing fee ($2,805), and attorney fees ($2,000-$4,000). By law, the employer must pay the USCIS filing fees and attorney fees — they cannot pass these costs to the employee. The employee may voluntarily pay for premium processing.