The Peng Law
H-1B Transfer (Change of Employer)
An H-1B transfer (also called H-1B Portability Transfer) allows a foreign worker already in valid H-1B status to change employers without going through the lottery again.
An H-1B transfer (also called H-1B Portability Transfer) allows a foreign worker already in valid H-1B status to change employers without going through the lottery again. Under the AC21 (American Competitiveness in the Twenty-First Century Act) "portability" provision, once the new employer files a Form I-129 transfer petition, the beneficiary may lawfully begin working for the new employer without waiting for approval. The H-1B transfer is the most common way for H-1B holders to change jobs in the U.S., and the process is typically faster and more predictable than a new H-1B petition.
The applicant must currently hold valid H-1B status (or have been last admitted in H-1B status)
The applicant must not have any unauthorized employment history
The new employer must be willing to sponsor and file a new I-129 petition
The new position must qualify as a "specialty occupation" requiring a bachelor's degree or higher
The new employer must file a new LCA with the Department of Labor, certifying prevailing wage compliance
Applies to H-1B holders physically present in the U.S. — those abroad may need consular processing
Secure Job Offer
Confirm the new employer is willing to sponsor the H-1B transfer and finalize position details, salary, and start date.
LCA Filing
The new employer files a new Labor Condition Application (LCA) with the DOL, typically approved within 7 business days.
File I-129 Transfer Petition
The new employer files Form I-129 with USCIS, selecting the "Change of Employer" category, along with supporting documents.
Begin Working (Portability)
Under AC21, the beneficiary may lawfully begin working for the new employer once the I-129 is filed (after receiving the receipt number).
USCIS Adjudication
Regular processing takes approximately 3-6 months. Premium processing (15 business days) is strongly recommended for faster results.
Approval / Visa Update
Upon approval, a new I-797 approval notice is issued. The visa stamp must be updated at a U.S. consulate upon next departure from the U.S.
| Stage | Duration |
|---|---|
| LCA Filing | 7 business days |
| I-129 Preparation | 1-2 weeks |
| Regular Processing | 3-6 months |
| Premium Processing | 15 business days |
No. H-1B holders transferring to a new employer do not need to re-enter the lottery. The new employer simply files a new I-129 petition.
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Reviewed March 2026. This page is general information, not legal advice; rely on written attorney guidance for your own matter.