H-1B Transfer: How Changing Employers Works

Updated 2026-10-214 min readNot legal advice in W X

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An H-1B transfer is a new H-1B petition that your new employer files for you on Form I-129. Nothing moves over from your old employer. If you qualify for portability, you can usually start the new job once USCIS receives that petition.

Find employers that file H-1B transfers

Every job is from an employer that filed H1Bs in 2025. See which ones fit your resume.

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What a transfer really is

Your H-1B status is tied to one employer and one approved job. To work somewhere else, the new employer must file its own petition.

The petition must include a Labor Condition Application (LCA) certified by the Department of Labor.

If you were already counted against the H-1B cap, you generally are not counted again. The law says this applies to workers counted in the prior 6 years, unless they would be eligible for a full new 6 years.

So most transfers skip the lottery. Moving from a cap-exempt employer to a cap-subject one is different and can require the lottery, which is now weighted by wage level. See the wage-based lottery.

How likely is approval?

Most change-of-employer petitions are approved. A National Foundation for American Policy analysis of USCIS data found a 1.9% denial rate in FY 2025 for continuing-employment petitions. That group includes transfers, extensions and amendments.

The same analysis counted 68,167 approved petitions for workers changing employers in FY 2025.

A request for evidence can still slow things down, so a complete, consistent filing matters.

Top H-1B transfer filers, 2025US Department of Labor data

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

Every sponsor, with their open jobsSee the list ›

Step by step

You accept an offer and share your immigration documents with the new employer or its attorney.
The employer files an LCA. DOL reviews LCAs within seven working days for completeness and obvious errors.
The employer files Form I-129 with the certified LCA. It must be filed before your current authorized stay expires.
USCIS issues a receipt notice. Under portability, you may start work on filing or on the requested start date, whichever is later.
USCIS approves, denies, or sends a Request for Evidence (RFE).
After approval, keep the approval notice and check the I-94 record attached to it.

Timeline

With premium processing, USCIS takes action on Form I-129 within 15 business days. That action can be an approval, a denial or an RFE.

Premium processing costs $2,965 for requests postmarked on or after March 1, 2026. See our premium processing guide.

Without premium processing, decisions can take weeks or months. USCIS posts current estimates on its processing times page, and they change often.

Your start date does not depend on approval if you are eligible for portability. It depends on when the petition is filed.

Checking your case status

Your I-797C receipt notice has a 13-character receipt number: three letters followed by 10 digits.

Enter it in USCIS Case Status Online. The employer is the petitioner, so ask its attorney to share the receipt number and any notices.

Documents you will usually need

Exact lists vary by employer and attorney. A typical set includes:

Passport, visa stamp and current I-94 record
All prior H-1B approval notices (Form I-797)
Recent pay stubs and W-2s, to show you kept your status
Degree certificates, transcripts and any required licenses
Resume, offer letter and job description

Extension and transfer at the same time

A change-of-employer petition can also extend your stay. The new employer requests the dates it needs, up to your six-year limit or beyond it if you qualify. See H-1B six-year limit extensions.

The 240-day rule is different. It lets you keep working for the same employer for up to 240 days after your stay expires, if that employer filed a timely extension.

It does not cover a new employer. For a new job, portability is what lets you start, and the petition must be filed before your current stay ends.

Approved but never entered the US

If a cap petition was approved for you but you never held H-1B status, a new employer cannot use portability. There is no H-1B status to port from.

You may still skip the lottery, because workers counted against the cap in the prior six years are not counted again. Whether an unused approval counted is fact-specific. USCIS decisions have treated approvals revoked before use as not counting.

A petition for someone outside the US uses consular processing. That is where the $100,000 fee question matters most.

Does the $100,000 fee apply to a transfer?

Generally not, if you are inside the United States and USCIS grants your request. USCIS says in-country petitions for a change of status, amendment or extension are generally exempt.

The payment applies if USCIS finds you ineligible for that change. Examples given include not being in valid status, or leaving before a change of status is decided.

Law-firm summaries of the October 2025 guidance say petitions that ask for consular notification remain subject to the fee. That applies even if you are in the US when the petition is filed.

The fee itself is in flux. On June 8, 2026, a federal court in Massachusetts vacated the agency guidance that implements the payment.

On July 24, 2026, the First Circuit denied the government's request to pause that order. DHS says it will comply while it considers next steps.

DHS also says it still plans to collect the payment if the order is lifted. Check the latest status before you file.

Read more on our page about the H-1B $100,000 fee.

If the transfer is denied

If USCIS denies the new petition, your permission to work for the new employer ends.

Under the regulation, a denial does not affect a still-valid earlier approval. You can keep working under it if you maintained status and never worked without authorization.

This is one reason to keep your old job until the new petition is filed.

Finding an employer that files transfers

Some employers file many change-of-employer petitions each year. Our H-1B sponsors list shows transfer counts for top filers.

You can also browse H-1B jobs by role. Every listing comes from an employer that filed H-1B petitions in 2025.

To skip the guesswork, match sponsor jobs to your resume and see each employer's visa record.

This is general information, not legal advice. Confirm your situation with an immigration attorney.

Questions

Can I start working before my H-1B transfer is approved?

Usually yes. If you are eligible for portability, you can start when the new petition is properly filed, or on the requested start date if later.

Do I need to enter the H-1B lottery again to change employers?

Usually no. Workers counted against the cap in the prior 6 years are generally not counted again. Moving from a cap-exempt to a cap-subject employer is an exception.

How long does an H-1B transfer take?

With premium processing, USCIS acts within 15 business days. Standard processing can take weeks or months.

Does my new employer have to pay $100,000 for my transfer?

Generally not if you are in the US and USCIS grants the change. A court vacated the fee guidance in June 2026, and the situation may change.

Is an H-1B transfer a new petition?

Yes. The new employer files its own Form I-129 with its own certified LCA. Most transfers skip the lottery because you were already counted against the cap.

What is the H-1B transfer approval rate?

High. An NFAP analysis of USCIS data put the FY 2025 denial rate for continuing-employment petitions, which include changes of employer, at 1.9%.

Which companies sponsor H-1B transfers?

Many employers do. An NFAP analysis of USCIS data counted 68,167 approved change-of-employer petitions in FY 2025. Our sponsors list shows transfer counts by employer.

How do I check my H-1B transfer case status?

Enter the 13-character receipt number from the I-797C notice in USCIS Case Status Online. The employer's attorney usually receives USCIS notices first.

Does the 240-day rule apply when I change employers?

No. It covers continued work for the same employer after a timely extension filing. With a new employer, H-1B portability lets you start once the petition is filed.

Can I transfer an H-1B that was approved but never used?

You cannot use portability, because you never held H-1B status. You may still avoid the lottery if you were counted against the cap in the last six years, so have an attorney review the old approval.

Can I transfer my H-1B while on FMLA or medical leave?

Generally yes, since approved leave usually keeps your employment and status in place. Give the new employer's attorney your leave records so any gap in pay stubs is explained.