H-1B Portability: When You Can Start the New Job
Under H-1B portability, you can start working for a new employer once it properly files a nonfrivolous H-1B petition for you. If the requested start date is later, you start on that date. You do not need to wait for USCIS to approve the petition.
Every job is from an employer that filed H1Bs in 2025. See which ones fit your resume.
Who is eligible
USCIS lists two key conditions. You must not have worked without authorization since your last lawful admission.
The new petition must also be filed before your current period of authorized stay expires.
The regulation covers both new employment and concurrent employment. So it also applies when you add a second H-1B job.
What "properly filed" means for your start date
Your start date is the later of two dates. One is the date USCIS receives the petition. The other is the start date the employer requested.
Before filing, the employer needs a certified Labor Condition Application (LCA). DOL reviews LCAs within seven working days for completeness and obvious errors.
Ask your new employer whether it waits for the USCIS receipt notice before your first day.
| Employer | Transfers | All filings | Median pay |
|---|---|---|---|
| Amazon.Com Services LLC | 2,382 | 14,047 | $155k |
| Meta Platforms Inc | 1,437 | 5,492 | $204k |
| Compunnel Software Group Inc | 1,041 | 2,276 | $110k |
| Nvidia Corporation | 1,036 | 1,863 | $187k |
| Apple Inc | 916 | 6,539 | $175k |
| Microsoft CorporationGC frozen | 879 | 7,840 | $173k |
Portability during the 60-day grace period
Portability can also help after a layoff. USCIS guidance says a new employer's nonfrivolous H-1B petition lets you start work once USCIS receives it.
The petition must be filed within your grace period. That period is up to 60 days or until your petition validity ends, whichever is shorter.
You cannot work during the grace period itself unless something else authorizes it.
What happens if the petition is denied
If USCIS denies the new petition, you must stop working for the new employer.
A denial does not cancel a still-valid earlier approval. You can keep working under that approval if you maintained status and did not work without authorization.
If you already left the old employer, a denial can leave you without a job that supports your status. Talk to an attorney quickly in that case.
If the offer is withdrawn while the petition is pending
The new employer can withdraw its petition at any time. If you have not resigned, you simply stay in your current job. This is why many people wait to quit until the filing is done.
If you already started there under portability, your permission to work for that employer ends. You may then have a grace period of up to 60 days. See the layoff guide.
If your old employer has not withdrawn its petition and it is still valid, ask whether you can return to the same role.
After the new petition is approved
An approval does not force you to switch. Your current employer's petition stays in effect until that employer withdraws it or it expires.
If you decide not to join, tell the new employer so it can withdraw the petition. The new approval may carry its own I-94 dates, so confirm with an attorney which record governs your stay.
You can also change employers again soon after an approval. The rules set no minimum time with an employer, and portability applies to each new petition while you hold H-1B status.
Successive or "bridge" petitions
Sometimes a worker changes employers again while an earlier portability petition is still pending. This is often called a bridge petition.
The regulation limits this. If an earlier petition in the chain is denied, a later one cannot be approved for the same extension or amendment.
The exception is when your previously approved H-1B status is still valid. Bridge cases are risky and need careful planning.
When the new employer must start paying you
The Department of Labor sets a deadline for wages. For a worker already in the US, pay must start no later than 60 days after you are authorized to work for the employer.
The required wage is the higher of the prevailing wage or the employer's actual wage for similar workers.
Portability is not the same as a change of status
The portability rule covers people who already hold H-1B status. USCIS guidance says workers in other classifications must wait for approval before starting a new job.
Finding your next sponsor
Portability makes switching faster, but you still need an employer willing to file. Browse H-1B jobs by role from employers that filed H-1B petitions in 2025.
Our H-1B sponsors list shows which companies file the most change-of-employer petitions.
This is general information, not legal advice. Confirm your situation with an immigration attorney.
Questions
Do I need the receipt notice before I start?
The rule ties your start to when the petition is properly filed, or the requested start date if later. Many employers still wait for the receipt notice as proof.
Can I use portability if my H-1B status has expired?
No. The new petition must be filed before your current authorized stay expires.
Can I use portability after being laid off?
Yes, if the petition is filed within your grace period. USCIS guidance says you can start once USCIS receives the petition.
What if my portability petition is denied?
You must stop working for the new employer. You can keep working under an earlier approval only if it is still valid and you maintained status.
Can I stay with my current employer after my H-1B transfer is approved?
Generally yes. An approval does not force you to switch, and your current petition stays in effect unless your employer withdraws it or it expires. Ask an attorney which I-94 governs your stay.
Can I change employers again right after an H-1B approval?
Yes. There is no minimum time you must stay, and portability applies to each new petition filed while you hold H-1B status.
What happens if my new offer is withdrawn while the transfer is pending?
If you have not resigned, you stay in your current job. If you already started with the new employer, you must stop, and you may have a grace period of up to 60 days.
Sources
- 8 CFR 214.2 (Cornell LII)
- USCIS: H-1B Specialty Occupations
- USCIS: Options for Nonimmigrant Workers Following Termination of Employment
- DOL FLAG: Labor Condition Application
- DOL Fact Sheet #62G: Must an H-1B worker be paid a guaranteed wage?
