Am I allowed to change employers in H-1B status?

Yes.  This is known as H-1B portability.  A person in H-1B status may switch to a new employer provided the new employer files an H-1B petition on the worker’s behalf requesting the change.

This “change of employer” petition is similar to an initial petition and must include the applicable forms and fees, as well as set forth information about the company, the H-1B position and the worker’s qualifications.

The most important thing to note with H-1B change of employer petitions is that employment with the new employer may begin upon filing the petition (i.e. upon receipt at the USCIS) provided ALL of the following four conditions are met:

1. The worker was lawfully admitted to the U.S.

2. The new petition is non-frivolous (i.e. not without basis in law or fact)

3. The new petition was filed before the date of the worker’s expiration of stay

4. Subsequent to the worker’s lawful admission to the U.S., he/she has not been employed with authorization before filing the H-1B change of employer petition

In other words, if the worker meets all 4 criteria above, he/she does not need to wait for the petition to be approved before starting employment with the new employer.

Please contact our San Francisco immigration law firm if you need assistance with your H-1B petition or would like to discuss changing H-1B employers.

Tags: change of employer, H-1B, portability, switch employer, transfer employer
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