H-1B transfer is an informal name, not a separate immigration form. The new employer files a new I-129. Whether the worker may start immediately depends on H-1B portability requirements.
What You Will Find in This Guide
- The new-employer I-129 process
- When another lottery is unnecessary
- The portability start date
- The 60-day grace period after job loss
- The 100,000-dollar fee issue
Quick View
| Issue | Main rule |
|---|---|
| Filing | New employer submits a new I-129 |
| Lottery | A previously counted worker usually does not reenter |
| Work start | May begin after a qualifying petition is filed |
| Job loss | Up to 60 consecutive days, once per validity period |
| 100,000-dollar payment | The text targets workers outside the U.S.; check current instructions |
How an H-1B Transfer Works
The H-1B processing service addresses the new employer’s petition. That employer must establish the position, LCA, wage, and beneficiary qualifications. The old approval does not simply move to the new company.
A worker previously counted against the H-1B cap can generally change employers without another lottery while the cap number remains usable. A move from a cap-exempt employer to a cap-subject employer requires separate analysis.
When May the Worker Start?
INA 214(n) and 8 CFR 214.2(h)(2)(i)(H) let an eligible H-1B worker start new employment when the new employer files a nonfrivolous petition, or on the requested start date if that is later.
The person generally must have been lawfully admitted, must not have worked without authorization, and must have the petition filed before the authorized stay expires. Receipt, start date, and payroll records should align. A denial can end portability work authorization.
Does the 100,000-Dollar Payment Apply?
The payment comes from Proclamation 10973 of September 2025, which Proclamation 11069 extended to September 21, 2027. Its text targets petitions for workers who are outside the United States and must enter to use the approval. A change of employer filed inside the United States with an extension of stay falls outside that text. Litigation over how agencies apply the payment is still pending.
Our October 2026 fee ruling article and 2027 extension article explain the broader issue. Because that litigation continues, confirm USCIS filing instructions on the day an H-1B transfer is filed. Employer-side costs are covered on our cap registration and employer costs page.
The 60-Day Period After Job Loss
8 CFR 214.1 gives up to 60 consecutive days after employment ends, once per authorized validity period, but never beyond the I-94 end date. DHS may shorten or eliminate the period, and the worker may not work during it unless another authorization applies.
A new employer may file during that period. The termination date, last payroll date, and filing date should be documented. The H-1B layoff guide explains related options.
A Pending Green Card Case
An approved I-140 or a long-pending labor certification may support extensions beyond six years under AC21. See the six-year limit guide.
The new employer petition still receives an independent review. Our prior-approval deference article provides policy context.
H-1B workers who change employers often change cities too. Our San Jose and Seattle guides cover a driver’s license, utilities, school enrollment and the Turkish consulate.
Common Mistakes
- Treating transfer as assignment of the old approval
- Confusing cap treatment with portability
- Starting before a qualifying filing
- Treating 60 days as guaranteed status
- Failing to check current fee rules
Checklist
- Confirm the I-94 and job-end dates.
- Document prior cap counting.
- Review the LCA and I-129 filing.
- Confirm portability before starting.
- Check current fees and court orders.
Frequently Asked Questions
Can work begin before approval?
If portability requirements are met, work may begin when the nonfrivolous petition is filed, or on the requested start date if that is later. A denial ends that authority.
Is another lottery always required?
No. Prior cap counting matters. A move from cap-exempt employment needs separate review.
Is the 60-day period automatic?
It applies by regulation, but DHS may shorten or eliminate it as a matter of discretion. It is available once per authorized validity period and cannot exceed the I-94 date.
Conclusion
An H-1B transfer works best when cap history, I-94 validity, the receipt date, the start date and the current fee rules are checked on one timeline. The new employer always files its own petition; the old approval does not move with you.
Need help with this?
Clinch Law Firm prepares your H-1B petition from start to finish and follows the case for you. See our H-1B service or request a free case evaluation.
Legal information notice: This article provides general information and is not legal advice. Portability, grace periods, and fee duties depend on the specific case and current law.
