Jia Law Group
AI-generated · Not attorney-reviewed

Can I change employers while I'm on an H-1B?

Yes — H-1B status is portable between employers. The new employer files its own petition, and you may generally begin working for them once that petition is filed rather than waiting for it to be approved, provided you were in valid H-1B status at the time of filing. You do not re-enter the lottery. What goes wrong in practice is sequencing: resigning before the new petition is on file, or starting work without confirming the filing receipt, removes the protection the rule was meant to give you.

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Related questions

No. The cap applies to obtaining H-1B status in the first place, so once you hold it through a prior selection a new employer petitions for you directly without another lottery. This is also why a cap-subject candidate and an existing H-1B holder are very different hires from the employer's side.

AI-generated · Not attorney-reviewed