If you are on an H1B and have a new offer, one of the first questions is how long the whole thing will take. The honest answer is that it depends on several steps, and some of them are not in your control. This guide breaks the timeline into parts so you can plan your notice period and your start date.
This is general information, not legal advice. Your employer’s immigration attorney can tell you what applies to your case.
First, what is being “transferred”?
Nothing moves from one company to another. Your new employer files a new H1B petition, usually called a transfer, and you are already counted against the cap, so there is no new lottery. For the full step-by-step process, see our article on the H1B transfer process.
The timeline, step by step
| Step | Who does it | Typical time |
|---|---|---|
| Offer accepted and documents collected | You and the employer | A few days to a week or two, depending on how fast documents arrive |
| Labor Condition Application (LCA) | Employer with Department of Labor | Usually about 7 business days |
| Petition prepared and filed (Form I-129) | Employer and attorney | Several days to a couple of weeks |
| Receipt notice from USCIS | USCIS | Often within a few weeks of filing |
| Decision, with premium processing | USCIS | 15 business days after USCIS starts the clock |
| Decision, regular processing | USCIS | A few months, depending on the service center |
The LCA and premium processing figures above come from standard government timelines. Receipt and regular processing times change with workload, so ask the attorney for the current estimate.
When can you start the new job?
In many cases, you can begin work for the new employer after USCIS issues the receipt notice for the transfer petition. This is called H1B portability. Some employers choose to wait for the approval before you start. That is their policy, and the attorney can explain which one applies to you.
So the practical planning range for many candidates is: a few weeks from offer to filing, then the time to receipt. Everything after that depends on premium or regular processing.
What can make it slower
- Missing or unclear documents, such as old approval notices or pay stubs.
- A Request for Evidence (RFE) from USCIS, which adds time while the employer responds.
- A role or location that needs extra explanation, such as a change of worksite.
- A slow response from the employer’s HR or immigration team.
- Name or date differences between documents.
How to plan your notice period
- Ask the new employer how they handle timing: whether they file with premium processing and when you may start.
- Gather your documents before you accept: passport, visa stamp, I-94, I-797 notices, recent pay stubs and degrees.
- Do not resign until you know the plan for filing. Ask the attorney, in writing, when you should give notice.
- Avoid booking international travel while a petition is pending without speaking to the attorney first.
- Keep copies of everything the employer or attorney sends you.
Questions to ask the employer
- Will you use premium processing, and who pays for it?
- When do you expect to file?
- Can I start after the receipt notice, or only after approval?
- Who is my point of contact at the law firm?
- What is the plan if USCIS issues an RFE?
Common questions
Do I need to wait for the approval before I leave my old job?
That depends on the employer’s policy and the attorney’s advice. Many people wait until at least the receipt notice. Do not resign before you have the plan in writing.
Is premium processing guaranteed to give an approval?
No. Premium processing only speeds up the time to a first action, which can be an approval, a denial or an RFE. It does not change the decision criteria.
Does the timeline change in different months?
Processing times can vary through the year and between service centers. This is why the attorney’s current estimate is better than any general figure.
What if my current H1B is about to expire?
Tell the attorney early. Extension and transfer timing can interact, and the right order of steps depends on your dates.
Next step
If you are an OPT or CPT candidate planning ahead for an H1B, read how to answer the sponsorship question honestly. For our support options, visit H1B, OPT and CPT support, browse our training courses, or contact our candidate team.
