H-1B Transfer to a New Employer: How AC21 Portability Works
Changing employers while on H-1B is not only possible - it is one of the most underutilized benefits of the H-1B visa. Under the American Competitiveness in the 21st Century Act (AC21), you can begin working for a new employer as soon as they file an H-1B transfer petition, without waiting for USCIS approval. Here is how it works.
Frequently asked questions
Can I start working for a new employer before my H-1B transfer is approved?
Yes, under AC21 portability. As long as your new employer files an H-1B petition before your current H-1B status expires and the new role is in the same or similar occupational classification, you can begin working for the new employer on the date the petition is received by USCIS - not when it is approved.
Does my old employer need to approve my H-1B transfer?
No. Your H-1B status belongs to you, not your employer. Your old employer does not need to be involved, give permission, or "release" your H-1B for you to transfer. You should review your employment contract for notice period requirements, but that is a contractual matter separate from your immigration status.
What happens to my green card priority date when I change employers on H-1B?
If your I-140 was approved for at least 180 days before you change employers, you can keep your priority date under AC21 Section 106(c), as long as the new role is in the same or similar occupational classification. If you leave before your I-140 is approved, that priority date is lost and your new employer must restart the green card process.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and situation-specific. Always consult a licensed immigration attorney before making decisions about your immigration status.