H-1B transfer process and timeline
US federal rules as of October 30, 2026. Sources re-checked against official pages on October 30, 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.
The H-1B transfer process lets you change employers while in H-1B status without a new lottery. Per USCIS, you may begin working for the new employer once they properly file a non-frivolous Form I-129 for you, or on the requested start date, whichever is later. Conditions apply and the timeline depends on the filing date, so confirm before you resign.
What does the new employer file?
A new Labor Condition Application with DOL, then Form I-129 with USCIS asking to amend your petition for the new job. The new employer pays its own filing costs; check the USCIS fee schedule. LiveRec states no fee amounts.
What are the steps?
- Get a written offer that states the role, duties and wage.
- The employer files the LCA, then Form I-129.
- You may start on the later of the filing receipt or the requested start date.
- Wait for the approval notice. Keep copies of the receipt and your last pay stubs.
How long does it take?
USCIS publishes current processing times by form and service centre: Check Case Processing Times. Premium processing is optional and has its own fee. USCIS says it guarantees action on Form I-129 within 15 business days for most classifications, or the fee is refunded; see How do I request premium processing? (checked 2026-10-30) and the fee schedule for the amount. LiveRec states no timeline because it changes.
What if I am laid off?
There may be a grace period of up to 60 days. See H-1B grace period.
Does the $100,000 payment apply to transfers?
USCIS said it does not apply to renewals or to earlier petitions. Check the dated status in the H-1B guide.
Who is eligible for portability?
USCIS says that to be eligible for portability you must not have been employed without authorization since your last admission, and your new employer must properly file a new, non-frivolous petition before your H-1B period of authorized stay expires. If you are eligible, your employment is authorized until USCIS decides the Form I-129. If it is approved, you continue for the period on the approval. If it is denied, you may continue with the previous employer if your prior period of authorized employment is still valid, but the portability authorization ends on denial.
What does the new employer need to do?
| Step | Owner | Official source |
|---|---|---|
| Offer with duties and wage | New employer | USCIS H-1B page |
| Certified LCA that matches the job | New employer, DOL | DOL FLAG |
| File a non-frivolous Form I-129 | New employer | USCIS |
| Start working on the later of the filing or the requested start date | You | USCIS |
DOL FLAG says the required wage is the higher of the actual wage or the prevailing wage, and an LCA cannot be submitted more than 6 months before the employment begins.
What about moving from a cap-exempt employer?
USCIS says that if you move from cap-exempt to cap-subject employment, the new employer's petition is subject to the cap and the employer must first submit an electronic registration, typically in March. If you stay in your cap-exempt job, you can work concurrently for the cap-subject employer once it files, and you do not become subject to the cap again during that time if you remain cap-exempt or were previously counted.
What about changing terms with the same employer?
USCIS says Form I-129 is also used for new employment or a change of employment with your current employer, and you may work under the new terms once it is filed or on the requested start date, whichever is later.
Common mistakes
- Resigning before the new employer files.
- Relying on a verbal offer with different duties than the LCA.
- Filing after your authorized stay expires.
- Forgetting concurrent employment rules. Ask an attorney before taking a second job.
FAQ
Can I work for two employers? Possible with concurrent petitions; each employer files. Confirm with an attorney.
Do I count against the cap again? Ask the employer's attorney. LiveRec has not confirmed the rule for people already counted against the cap.
Is a new lottery needed to transfer? Not for most transfers. USCIS says moving between cap-subject H-1B employers does not need a new registration. The exception is moving from cap-exempt to cap-subject.
Does the transfer extend my six years? The six-year limit follows the H-1B rules summarized on the USCIS page. Ask the new employer's attorney how your dates count.
What if I am laid off before the transfer? See H-1B grace period after a layoff.
Next step: Find H-1B transfer-friendly roles.
Sources
- USCIS, H-1B specialty occupations, https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations, accessed 31 October 2026
- USCIS, Check Case Processing Times, https://egov.uscis.gov/processing-times, live official page, linked for readers; link checked 2026-10-30, page blocks automated reads so no figure is copied from it
- USCIS, filing fees, https://www.uscis.gov/forms/filing-fees, checked 2026-10-30
- USCIS, H-1B FAQ (including the $100,000 payment), https://www.uscis.gov/newsroom/alerts/h-1b-faq, checked 2026-10-30
- DOL, FLAG: Labor Condition Application, https://flag.dol.gov/programs/lca, accessed 31 October 2026
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.