After moving from Kazakhstan to Colorado on a temporary work visa, I’ve been working with the same employer for almost two years. Recently, I was offered a much better job with a different company, but I’m worried that switching employers could violate the terms of my current visa. Some friends say I need approval before making any changes, while others say I can simply start working with the new company. What is the correct process in this situation?

Question

Lalita Chakraborty · Accepted Answer

On most work visas, like the H-1B, your authorization is tied to the specific employer that petitioned for you. That means you cannot legally switch jobs without a transfer petition.

If you start working before approval, you risk falling out of status.

Nkosinathi Ndlovu · Answer

If you want to change employers, the new company has to file a petition on your behalf with USCIS. This is often called an H-1B transfer, and you cannot begin the new job until that petition is filed.

In many cases, you’re allowed to start working once the receipt notice is issued, but approval is still required. Doing this properly avoids serious legal trouble with your visa status.

Mahboubeh Mahboubeh · Answer

The exact steps depend on the type of work visa you hold, but in general, you cannot just move to a new job without filing paperwork.

For H-1B holders, your new employer must file a transfer petition, and you must wait for confirmation before starting. If you’re on a different visa like the L-1, the process will vary. It’s also important to check whether your visa has portability provisions.

Consulting an immigration attorney before taking action is the safest option.

Nurlan Nurlan

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