No, H-1Bs Aren’t ‘Transferred’: How Job Changes Really Work

If you’ve heard people talk about an “H-1B transfer,” here’s the reality: H‑1B jobs aren’t “transferred” — workers change employers through a new petition, and in many cases can start the new role once that petition is properly filed. The distinction matters for timing, compliance, and avoiding gaps in work authorization.

What Actually Happens

When an H‑1B worker moves to a new employer, the new company must file a fresh Form I‑129 with a certified Labor Condition Application. This is not a handoff between employers; it is a new petition tied to the new job. Under federal law and agency guidance, eligible H‑1B workers may begin work for the new employer upon proper filing of a nonfrivolous petition — they do not have to wait for approval. Start work after filing, not after approval.

Key Rules To Know

Portability applies only if key conditions are met: the worker was lawfully admitted, has maintained status without unauthorized employment since the last admission, and the new employer files before the current period of authorized stay ends. If a petition is denied, work authorization based on portability ends immediately, though returning to a previous employer may be possible if that prior authorization remains valid. USCIS also recognizes a limited safety valve after job loss: Up to a 60‑day grace period may apply to allow time to file, change status, or depart, whichever comes first.

Why The “Transfer” Myth Persists

For years, employers and workers have used “transfer” as shorthand, but the legal mechanism has always been a new petition. That’s why onboarding steps like completing a new Form I‑9 and documenting the I‑129 filing are required. Recent rulemaking underscores the point: beginning January 17, 2025, USCIS requires a new edition of Form I‑129 for all filings, including change‑of‑employer cases. New Form I‑129 required January 17, 2025.

The Bigger Picture

Understanding portability helps both sides plan start dates and manage risk. Employers can fill roles faster without waiting months for adjudication, while workers can navigate moves with fewer gaps — provided the filings and underlying job meet the H‑1B rules. Don’t confuse H‑1B job changes with a separate concept often called “AC21 portability” for green card applicants, which lets some workers switch to a same or similar job after a Form I‑485 has been pending 180 days; that is a different statute and process.

Disclaimer: This article is for general information only and is not legal advice. For case‑specific guidance, consult qualified immigration counsel.

Sources

• Handbook for Employers M‑274: 7.5 H‑1B Specialty Occupations — USCIS (July 26, 2023)
• H‑1B Final Rule, H‑2 Final Rule, and Revised Form I‑129 Effective Jan. 17, 2025 — USCIS (January 15, 2025)
• Options for Nonimmigrant Workers Following Termination of Employment — USCIS (accessed December 18, 2025)
• Modernizing H‑1B Requirements; Proposed Rule — Federal Register (October 23, 2023)
• H1Bs Cannot Be “Transferred” – Misconceptions Around H1B Employment Change — Murthy Law Firm (April 20, 2017)