Your H-1B Visa Transfer

First things first, land that awesome new job!

During your job search, being upfront about your visa status during initial conversations is essential. It’s best to mention sponsorship requirements early to avoid wasting time with companies that don’t sponsor.

You’ll also want to confirm the company’s experience with H-1B transfers and discuss timeline expectations, as the transfer process can impact your start date.

When browsing job listings, keep an eye out for sponsorship information — many companies explicitly state their visa sponsorship policy with phrases like “will sponsor visas” or “authorized to work in the US required.”

Next, your new boss (or rather their management and immigration team) needs to file an LCA with the Department of Labor. This isn’t a laborious task (pun intended); it just ensures your new job pays you fairly and doesn’t mess with U.S. workers’ mojo.

This document ensures that the new employment conditions meet prevailing wage requirements and that hiring the foreign worker will not adversely affect the working conditions of U.S. workers.

Once the LCA is certified, your new employer files Form I-129 with USCIS. Here, you should place detailed information about your qualifications, new position specifics and requirements, evidence of your employer’s ability to pay your salary, documentation of your maintenance of status, and copies of your educational credentials and work experience.

Your new employer should provide a clear explanation of how your role qualifies as a specialty occupation, evidence of the employer-employee relationship, and documentation of any corporate changes or restructuring that might affect your employment to help strengthen your petition.

Once USCIS issues the receipt notice, you can actually start working for your new employer. This “portability provision” offers significant flexibility in your transition, allowing you to begin work as soon as the new employer files a non-frivolous H-1B petition.

Maintain your current H-1B status until the transfer petition is filed, and keep documentation of both your old and new employment during this transition period.

Some employers might still wait for approval before starting the employment process, even though portability provides flexibility. This preference should be discussed during your negotiations to ensure alignment of expectations.

During the review period, which typically takes 2-4 months under regular processing, you have several options to consider. Premium processing, available for an additional $2,500, guarantees initial review within 15 calendar days. Throughout this time, be prepared for Requests for Evidence (RFEs), which can extend the timeline and maintain clear communication with your new employer.

Your existing H-1B status remains valid during processing. It allows you to continue working for your current employer or start working for the new employer under portability and travel domestically without issues — though international travel requires careful planning.

Upon approval, you’ll receive your Form I-797A Approval Notice, updated I-94 record, and authorization to work for your new employer as specified in the petition. Make sure you handle several important administrative tasks after the approval. Update records with the Social Security Administration if needed, inform your health insurance provider about the employer change, update your driver’s license if your address changes, and keep copies of all approval documents in both physical and digital formats.

If you’re staying in the U.S., no need for a new visa stamp until you travel internationally. If you do travel, you must get a new H-1B visa stamp at a U.S. consulate before re-entering the country. Think of it as getting your passport stamped with your new job title.