Can I change employers while I'm on an H-1B?
Yes — eligible H-1B workers can change employers under the H-1B portability rules. The new employer files its own petition, and you may generally begin working once that petition is properly filed with USCIS, or on the requested start date, whichever is later, without waiting for approval. If you have already been counted toward the H-1B cap, changing employers generally does not require entering the lottery again.
Timing matters. Leaving your current job before the new petition is filed does not automatically disqualify you, but it can make the applicable grace period and filing deadline critical. Before starting the new job, confirm that the petition has been properly filed, the requested start date has arrived, and you meet the H-1B portability requirements.
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Usually not. If you have already been counted against the H-1B cap and remain eligible for cap-exempt H-1B filing based on that prior counting, a new employer can generally file an H-1B petition for you without entering you in the lottery again.
This is why hiring an existing H-1B worker can be very different from sponsoring someone who still needs to go through the H-1B cap process. There are exceptions, including some moves from cap-exempt employers to cap-subject employers, so your prior H-1B history matters.
If you were eligible for H-1B portability, you may begin working for the new employer after USCIS receives a qualifying H-1B petition without waiting for approval. If the petition is denied, your authorization to work for the new employer based on H-1B portability generally ends. What happens next depends on your circumstances at the time of the denial and whether another option to maintain lawful status or work authorization is available.
Under the current rule, you may have a grace period of up to 60 consecutive days after your employment ends, or until the end of your authorized validity period, whichever is shorter. During that time, you may be able to have a new employer file an H-1B petition, apply to change status, or pursue another available option.
On September 11, 2026, DHS proposed eliminating the 60-day grace period. The proposal is currently in the public comment period, which runs through November 10, 2026. Because the rule could change and the current grace period is discretionary, it is important to evaluate your options soon after a layoff rather than waiting until the 60 days are nearly over.
Generally, yes. If your H-1B visa stamp is still valid, you normally do not need to obtain a new visa stamp just because you changed H-1B employers.
When returning to the United States, carry:
- The valid H-1B visa stamp
- The I-797 approval notice for your current employer
- Evidence of your current employment
USCIS states that an H-1B worker may reenter the United States during the validity of the visa and approved petition.
The fact that the visa stamp lists your previous employer does not, by itself, invalidate the visa after an approved H-1B change of employer.
However, the visa itself must still be valid, and you must have a valid H-1B petition covering your employment with the new employer at the time you seek admission.
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