H-1B Questions and Answers

Can I Change My H-1B Employer Before I-140 Approval?

Yes, you can change your H-1B employer even before your I-140 petition is approved.
The process is commonly referred to as an “H-1B transfer” or “H-1B portability.” Here’s a detailed overview of how you can change your H-1B employer before your I-140 is approved:

1. Find a New Employer

Start by securing a job offer from a new U.S. employer who is willing to sponsor your H-1B transfer.

2. New Employer’s H-1B Petition

The new employer must file an H-1B petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS) on your behalf.
This petition should include supporting documents such as:

• A job offer letter

• Evidence of your qualifications

• Other required forms and supporting materials

3. USCIS Processing

USCIS will review the H-1B transfer petition to ensure it meets all requirements.
If additional information is needed, USCIS may issue a Request for Evidence (RFE).

4. Continued Employment with Current Employer

While your H-1B transfer petition is pending, you can continue working for your current H-1B employer.

5. H-1B Transfer Approval

Once the transfer petition is approved, USCIS will issue an approval notice (Form I-797), confirming your eligibility to work for the new employer.

6. Begin Employment with the New Employer

You may start working for the new employer once USCIS receives the H-1B transfer petition (receipt notice), even before final approval.
However, if the transfer petition is ultimately denied, you cannot continue working for the new employer.

7. Update Your I-9 Form

Complete a new Form I-9 with your new employer to verify your identity and employment authorization.

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Additional Important Points

Changing H-1B Employers

Changing H-1B employers is a common process and can be done at any stage of your H-1B status, regardless of whether your I-140 is approved.
It’s essential to work closely with your new employer’s immigration counsel to ensure that the process is smooth and compliant with all regulations.

H-1B Transfer Period

An H-1B transfer is typically approved for the same duration as your original H-1B visa (up to three years).
Keep in mind:

• The total maximum time on H-1B status is generally six years.

• Extensions beyond six years may be available in certain situations, especially if you have an I-140 pending or approved.

Dependents’ H-4 Extensions (If Applicable)

If you have dependents in the U.S. on H-4 visas:

• Their status will also need to be extended.

• The new employer (or your immigration attorney) should file Form I-539 to extend their H-4 status alongside your transfer.

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Tip:
Always stay informed about any immigration policy updates that could impact the H-1B transfer process.

Working with an experienced immigration attorney is highly recommended to ensure a smooth transition to your new employer.

Can I Change My H-1B Employer After I-140 Approval?

Yes, you can change your H-1B employer after your I-140 petition has been approved.
Once your I-140 is approved, it establishes your eligibility for a future green card (permanent residency). Importantly, your approved I-140 remains valid even if you change employers. Here’s how the process works:

1. Find a New Employer

Start by securing a job offer from a new U.S. employer who is willing to sponsor your H-1B transfer — and potentially your future green card process.

2. New Employer’s H-1B Petition

The new employer must file an H-1B petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS) on your behalf.
This petition should include:

• A job offer letter

• Proof of your qualifications

• Other required supporting documents

3. Begin Employment with the New Employer

You may begin working for the new employer once USCIS receives the H-1B transfer petition (after receiving the receipt notice).
However, if the transfer petition is denied, you cannot continue working for the new employer.

4. H-1B Transfer Process

The transfer process is similar to any standard H-1B employer change.
USCIS will:

• Review the H-1B petition

• Ensure that both the employer and the employee meet all eligibility requirements

• Possibly issue a Request for Evidence (RFE) if more information is needed

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Key Points to Consider

Retaining Your Priority Date

One major advantage after I-140 approval is priority date retention.
When you change employers:

• You may keep the priority date from your approved I-140 petition.

• This can significantly shorten your green card wait time, especially for categories with long backlogs.

Future Green Card Process

Your new employer will need to start the PERM labor certification and I-140 petition process again for you.
However, thanks to priority date retention, you won’t lose your place in line for a green card.

Consular Processing or Adjustment of Status

After your new I-140 petition is approved, you may choose between:

• Consular Processing: Applying for an immigrant visa at a U.S. consulate abroad.

• Adjustment of Status: Applying to become a permanent resident while remaining in the U.S.

The best option depends on your personal situation, visa status, and location.

Consult an Immigration Attorney

Navigating a change of employers after I-140 approval — while ensuring you retain your benefits — can be complex.
It’s highly recommended to consult with an experienced immigration attorney to:

• Guide you through the H-1B transfer and green card steps

• Protect your priority date

• Ensure compliance with all regulations

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Changing H-1B employers after I-140 approval is a viable and common path for visa holders aiming for U.S. permanent residency.
Proper planning and expert guidance are key to making a smooth transition.

Is a new labor certification required for H1B transfer?

No. Generally, an H-1B transfer doesn’t require a new labor certification. However, the new employer must file a new H-1B petition with the USCIS.

Can I travel without a valid travel permit (approved I-131) while my Adjustment of Status (I-485) is pending?

Yes. Pursuant to 8 CFR § 245.2, a valid H and L visa holder may travel outside the US without an approved travel permit (Form I-131) while his or her I-485(adjustment of status) application is pending. Since the H visa allows dual intent, the USCIS will not consider your I-485 as abandoned if you travel outside the US without an approved I-131 travel permit. However, you need to make sure your H or L visa is still valid before you travel.

(1) Can I change my status from J1 to H1B?

Yes, it is possible to change your status from J-1 to H-1B, but it involves a specific process and certain requirements that you must meet.

(2) Can I change my status from H1B to R1? 

Yes, it is possible to change your status from H-1B to R-1 in the United States, but you’ll need to follow specific steps and meet certain requirements to make this transition

Please click the links below to learn the details about other work visas.

Immigrant Visas:

1. EB-1 Visas  (Employment-Based First Preference)
2. EB-2 Visas (Employment-Based Second Preference)
3. NIW ( National Interest Waiver) (EB2 NIW)
4. EB-3 Visas (Employment-Based Third Preference)
5. EB-4 Visas (Employment-Based Four Preference)

Non-immigrant Temporary Work Visas:

1. H-1B Visas (Workers in a specialty occupation)
2. R1 Visas (Religious workers)
3. P Visas ( Athletes, Artists, and Entertainers)
4. L-1A Visas (Intracompany transferees in managerial or executive positions)
5. L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
6. TN Visas (North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada)

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.