I’m from Uzbekistan and recently moved to Wyoming on an H-2B visa for seasonal work. My employer just told me the position will end earlier than expected. Can I switch to a different employer without leaving the U.S.?

Question

Jibril Elmi · Accepted Answer

Yes, but your new employer must first file a petition with USCIS to transfer your H-2B status. You can’t just start working for them immediately.

Saowalak Suwannarat · Answer

You must remain in valid H-2B status until the transfer is approved.

Marzanna Kowalska · Answer

If your job ends early, you have a very limited grace period before you fall out of status, often as short as 10 days, depending on your I-94. During this time, your prospective new employer must submit Form I-129 to USCIS requesting the change.

You cannot work for the new employer until you receive approval, though in some cases you may begin once the petition is received if certain criteria are met. If no new petition is filed, you must depart the U.S. to avoid overstaying. It’s best to act quickly to preserve your legal status.

Gulnara Tursunova

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