If you already hold H-1B status and a new employer wants to hire you, you do not need to win the cap lottery again. Under H-1B portability, the new employer files a new H-1B petition for you, and you may generally begin working for the new employer as soon as USCIS receives it. The speed is the advantage. The risk is that USCIS looks closely at your past status, your pay history, and the new job.
You are generally eligible to port to a new employer if:
The new employer must file the I-129 petition before you begin work for them. Do not start on the strength of an offer letter alone.
We recommend filing within 60 days of the end of your last pay period and sooner whenever possible, because your grace period is limited and a gap raises status questions.
A new LCA is required for the new job and worksite, and the offered wage must meet the prevailing wage for that role.
USCIS may check whether your current or former employer paid the required LCA wage and whether you kept status.
It is often used to get a decision quickly, because work authorization under portability depends on a pending petition that is eventually approved.
Your right to work for the new employer ends. Before leaving a job, we assess that risk with you.
Send us the offer letter and job description immediately.
Status and document review, LCA filing.
I-129 filing by the new employer.
You may start working for the new employer.
Regular or premium processing.
Only needed if you travel abroad and your stamp is expired or does not cover the new employer.
Screen your status, pay history, and LCA match before you resign
Verify the degree fits the new job’s SOC code and the wage level fits the experience requirements
Run the six-year clock analysis and any green card timing issues
Prepare the petition, LCA, and H-4 and H-4 EAD filings together
Respond to RFEs and, if needed, advise on a backup plan
An expired I-94, a status gap, or a prior violation at filing.
Working for the new employer before the petition was filed, or working outside what your prior petition allowed.
The petition came after your authorized stay ended or well beyond the last pay period.
Pay stubs show wages below the LCA wage, unpaid benching, or mismatched year-to-date totals.
The duties are generic or do not require a degree in a specific field.
The field of study is not directly related to the new duties or SOC code.
The LCA wage level is too low for the experience the client or employer requires.
The contract, end-client letter, purchase order, LCA, and petition letter conflict, or the end-client letter is missing.
You are past six years without a qualifying PERM, I-140, or recapture evidence.
The new employer cannot show ability to pay or a real position, fails a site visit, or the filing has wrong fees, forms, or signatures.
Generally yes, once USCIS receives the properly filed petition and you meet the portability requirements. This is the main benefit of a transfer, but it carries risk if the petition is later denied.
That is your decision, but we recommend not resigning until the new petition is filed, so you never rely on a grace period.
You may have up to 60 days, or until your approval ends if earlier, to find a new employer, change status, or leave. Contact us right away so the clock is used well.
Only if you travel abroad and need a new visa stamp. We advise on travel timing before you leave the U.S.
Under USCIS guidance, petitions for people already in the U.S. that are approved as a change of employer, extension, or amendment have been outside the proclamation payment. We confirm the current rules at filing.
Tell us about your situation. Our team can review the information you provide and identify whether H-1B — or an alternative strategy — may warrant further evaluation.
