Can you change employers while on an H-1B visa? Conditions, risks and what to keep in mind
A Reddit user has raised concerns about changing employers after getting an H-1B visa, asking if it is possible. Here's what to know.
A Reddit user has raised concerns about changing employers after getting an H-1B visa, asking if it is possible. “I recently got my H-1B visa approved but I’ve been wondering is it possible to change employers after getting the visa? Like, if you find a better opportunity or things don’t work out with your current company, can another employer take over the sponsorship or do you have to start the whole process again?” the user posted on Reddit.
Here’s how you can do it
Once an H-1B worker is in the United States, they can change employers – a process often referred to as a "transfer" or "sequential employment." According to De Wit Immigration Law, “The American Competitiveness in the 21st Century Act (AC21) established H-1B portability provisions that allow visa holders to begin working for a new employer once that employer files a new H-1B petition on their behalf. This flexibility was specifically designed to allow skilled workers to advance their careers without unnecessary restrictions.”
One can start working for the new employer upon filing of the H-1B transfer petition. During the transfer process, their legal status continues uninterrupted. There are no limits on the number of employers a person can transfer between during their H-1B validity period.
However, Naresh M Gehi, Esq., Founder & Principal Attorney of Gehis Immigration, shared in a LinkedIn post that there are some risks to keep in mind. “If the new petition is denied after you have left your current employer, you may fall out of status,” he wrote. “If you travel internationally during the transfer process, you could face complications reentering the U.S.”
Gehi added, “You must maintain continuous H-1B status up to the date the new employer files the petition. Always confirm that the new employer has filed a proper petition and received a receipt notice from USCIS before making the switch.”
Gehi explained that “an H-1B can be a strategic career move,” but warned people against doing it without proper legal guidance. “A misstep could lead to a loss of status or work authorization,” he added.
