H-1B Transfer Timeline Guide
Changing employers on an H-1B is called a "transfer" or "portability." Under AC21, you can start working for a new employer as soon as they file a non-frivolous I-129 petition on your behalf — you don't have to wait for approval. Here's the full timeline.
Common Pitfalls to Avoid
- Leaving old employer before I-129 is filed — creates a gap in authorized stay
- Not having a copy of your old employer's approved I-129 — new employer needs it to file
- Working while RFE is pending without a response filed — risky; portability protection depends on non-frivolous petition
- Traveling internationally before approval — you may need a new H-1B visa stamp from the new employer if yours expires
- Assuming the cap doesn't apply — transfers don't need a new lottery if your H-1B was previously approved
- Missing LCA (Labor Condition Application) step — new employer must get LCA certified from DOL before filing I-129