I have H-1B visa status and I want to change employers. Must I wait for my new employer to obtain a new approved H-1B petition before I can start working for the new H-1B employer?

A foreign national who currently holds H-1B status can change employers and begin working for the new employer upon the filing of the new employer’s H-1B petition provided the foreign national was lawfully admitted, the new filing is not a frivolous one, and was filed before the foreign national’s existing H-1B petition expired, and that after the foreign national last was admitted to the U.S., he or she did not work without authorization. This process is known as H-1B porting.

Other H-1B Visa Frequently Asked Questions

The information appearing in these FAQ responses is not legal advice and is provided for general information purposes only. You should seek professional advice from an experienced immigration attorney regarding your specific inquiry and case before changing position.

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