Changing jobs on an H-1B

An H-1B is tied to a specific employer, but it is not a trap. The law lets you move to another employer, and in most cases you can start quickly.

How portability works

Your new employer files a new H-1B petition (Form I-129) for you. Under the portability rule you can start working for them as soon as USCIS receives that petition, as long as:

• you were lawfully admitted and are in valid status (or in the 60-day grace period after a job ends),
• the new petition was filed before your authorized stay expired, and
• you haven’t worked without authorization.

If you’ve been counted against the cap before, there’s no lottery. Many people pay for premium processing ($2,965) to get a decision in 15 business days.

Your green card case

• PERM and I-140 are tied to the employer. A new employer normally starts again from PERM.
• Your priority date usually carries over if your old I-140 was approved, even if the old employer withdraws it, as long as it wasn’t revoked for fraud or error.
• If your I-140 has been approved for 180 days or more, a withdrawal no longer revokes it for most purposes, which also helps with H-1B extensions beyond six years.
• If your I-485 has been pending 180 days or more, you may be able to move under AC21 “portability” (Supplement J) to a same-or-similar job and keep the green card case alive. See adjustment of status.

Traps to avoid

• Don’t resign before the new petition is filed, unless you are sure you can use the 60-day grace period. DHS proposed ending that grace period in September 2026; it isn’t final, but it’s one more reason to get the new petition filed first (details).
• International travel while the transfer is pending can abandon the petition’s change-of-status part. Plan travel with your attorney.
• “Bench” time with no pay is not allowed. An H-1B employer must pay the required wage even when there’s no project.
• Keep pay stubs. Evidence that you maintained status matters for your next filing.

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Sources

1. USCIS Policy Manual: H-1B portability (INA 214(n))
2. eCFR: 8 CFR 214.2(h)(2)(i)(H) (H-1B portability)
3. Federal Register: Retention of EB-1, EB-2, and EB-3 Immigrant Workers (AC21 rule, 2016)

Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.