If you are working in the US on an H1B and get an offer from a new employer, you do not need to wait for a fresh lottery. You go through what everyone calls an “H1B transfer.” Here is how it actually works, in plain terms.
What a “transfer” really is
There is no literal transfer of your H1B. Your new employer files a brand-new H1B petition on your behalf, asking USCIS to let you work for them. Because you were already counted against the H1B cap in a previous lottery, this petition is cap-exempt from the lottery – it can be filed any time of year.
The usual sequence
1. Offer and intake
You accept the offer, and the employer (or their immigration attorney) collects your documents: resume, passport, current visa stamp, most recent I-94, copies of prior H1B approval notices (I-797), recent pay stubs, and degree certificates or evaluations.
2. Labor Condition Application (LCA)
The employer files an LCA with the Department of Labor, stating the role, work location, and offered wage – which must meet the prevailing wage for that role and area. LCAs are typically certified within about 7 business days.
3. I-129 petition filing
The employer files Form I-129 with USCIS, with the certified LCA and supporting evidence about the role and your qualifications.
4. Receipt notice and H1B portability
Once USCIS issues the receipt notice, most people can start working for the new employer under “H1B portability” rules – you do not have to wait for final approval. Many employers prefer to wait for approval anyway; that is their policy, not a legal requirement in most cases.
5. Adjudication
With premium processing, USCIS acts within 15 business days (an approval, denial, or Request for Evidence). Regular processing can take a few months and varies by service center and workload. Premium processing is an optional, faster lane – the employer chooses whether to use it.
Questions candidates ask most
- Can I travel while the transfer is pending? International travel during a pending transfer is risky and fact-specific. Talk to the attorney handling your case before booking anything.
- What if I have a gap between jobs? Short gaps are common and often manageable, but the details matter. Raise it early with the attorney.
- What if the transfer is denied? A denial does not erase your old approval. Whether you can return to a previous employer depends on whether that petition is still valid. Again – case-specific, ask the attorney.
- Do I pay for it? By law, the employer must pay the core H1B filing fees. Be cautious of any employer or agency that asks you to cover them.
How to make it smooth
Keep a folder with your I-797 notices, I-94 history, pay stubs, and degree documents updated at all times. The single biggest cause of delays is missing paperwork, and it is the one part fully in your control.
This article is general information, not legal advice. Immigration decisions depend on your specific facts – consult a qualified immigration attorney about your case.
At Ingenious Fusion Tek, we regularly staff H1B, OPT, and CPT candidates with US clients. Read about how we support H1B, OPT and CPT candidates, or talk to our recruiting team.
