Changing employers while on an H1B visa involves a process known as an "H1B transfer." Here are the main points to consider and the steps involved:

Implications of Changing Employers

New Employer Sponsorship: The new employer must sponsor your H1B by filing a petition. You cannot simply change jobs without an approved petition from the new employer.

Timing: You can start working for the new employer once they have filed the H1B transfer petition and you have received a receipt notice from the USCIS. However, it’s safer to wait until the petition is approved.

Validity: If your H1B transfer is denied and you have already left your previous employer, you may lose your status unless you have other visa options. Therefore, it's important to minimize gaps in employment.

No Cap Limits: Since you were already counted under the cap, the H1B transfer is not subject to the annual H1B lottery cap.

The H1B Transfer Process

Job Offer: You need to receive a job offer from the new employer.

LCA Filing: The new employer must file a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA ensures that you will be paid a fair wage that meets industry standards.

Form I-129 Filing: After the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker, along with supporting documents like the certified LCA, your current H1B information, and proof of qualifications.

Receipt Notice: Once the USCIS receives the application, they issue a receipt notice. At this point, you can start working for the new employer, even if the petition is still pending (commonly referred to as "portability").

Approval: Once the petition is approved, your H1B status is officially transferred to the new employer.