myH1B

Change of H1B Employer

Apply online to change H1B employers
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Baya Harrison, Esq.

myH1B.com Fees

How much does it cost to change your H1B employer?

Change of H1B employer fees

  • Attorney fee: $3,000
  • I-129 Basic Filing Fee: $460
  • USCIS Anti-Fraud Fee: $500
  • Public Law 114-113 Fee: $4,000 (only employers with over 50 employees, of whom 50% or more have H1B status, must pay this fee. )
  • ACWIA Education and Training Fee - If fewer than 25 employees: $750; If more than 25 employees: $,1500
  • Premium processing: $2,500 (Optional)
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Application Requirements

Can I apply to change my H1B employer?

Requirements for the Position

  • Bachelor’s degree or higher 
  • Salary exceeds prevailing wage

Requirements for the Employer

  • Ability to pay prevailing wage
  • Willing to file Labor Condition Application (LCA)
  • Willing to file H1B petition (Form I-129)

Requirements for the Employee

  • Have at least a bachelor’s degree 
  • Currently employed by an H1B employer

Required Documents

What documents are required to apply to change my H-1B employer?

Employee's Required Documents
  • Valid passport
  • H1B visa or Form I-797 and Notice of Action indicating applicant H1B approval
  • H1B visa or H1B approval letter
  • Form I-94
  • Social security card
  • EAD card
  • Resume
  • Copies of Bachelor's or higher degrees
  • Academic transcripts
  • Copy of academic evaluation (depending on the country, university, and degree that awarded it)
  • Applicable federal or state professional licenses
  • Most recent two or three pay stubs from current H1B employer
Employer's Required Documents
  • Petition letter
  • Job offer letter that includes the following information: job title, work location, employment period, job description, wage, and signature of employer and employee.
  • Employer's marketing materials and brochures
  • Employer's most recent 2 or 3 years business tax returns
  • Copy of Articles of Association & By-laws
  • Company EIN letter
  • Startup employers: Company’s business contracts, audited P&L statements, business bank account statements

Start Your Application

How do I apply to change my H1B employer?

To start your change of H1B employer application, both the employee and employer need to provide their information and documents. 

  • New employer: Click the Employer's Info link below to fill out the employer's information.
  • Employee: Click the Employee's Info link below to fill out your information.

After both the employee and the new employer provide their information, we will create your complete application.

Click to Start

Application

Input Employer's Info

Click to Start

Application

Input Employee's Info

Application Process

What is the process to apply to change my H1B employer?

1. Obtain an employment offer from a new employer

Get an employment offer from a new employer

2. File Labor Condition Application

New employer file Labor Condition Application (Form ETA 9035E) with DOL. Typically, the DOL will approve the LCA within 7 business days.

3. File with USCIS

New employer file Petition for Nonimmigrant Worker (Form I-129) with USCIS. If choose to use USCIS Premium Processing service, Form I-907 needs to be filed. It only takes 15 days to get a decision from USCIS. Without Premium Processing, it usually takes 60 to 90 days to get a decision

4. Approval

USCIS approves your application.

Change of H1B employer

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FAQ

Change of H1B employer:  Frequently asked questions

What is an H1B change of employer?

This is a process that allows H1B holders to change their employers while their H1B visa is still valid. USCIS allows H1B workers to use old employer’s H1B approval to ensure that they are cap-exempt. If you already have a cap-exempt job and want to transfer to a different job that also is cap-exempt, then you can file an H-1B transfer at any point.

Can I request a change of employer from a Cap-Exempt employer to a Cap-Subject employer?

No. If your change of employer is from Cap Exempt to Cap Subject, you are required for a H1B registration and lottery process. This is because your new H1B application is subject to quota restrictions.

What is the processing time for an application to change employer?

The processing time for H1B Transfer generally takes 2-3 months. Your employer may apply for the USCIS Premium Process (PP) to expedite the process, which will take up to 15 days.

Can I start to work for the new employer right away after I file my H1B change of employer request?

Generally speaking, qualifying H1B workers may begin work for the new employer immediately upon USCIS receiving the H1B transfer petition. However, it might be in the best interest of the employee (“safe harbor approach”) to wait until an approval is received before transferring. If your H1B transfer request is denied after you start working for the new employer, you must stop working for your new employer as soon as you receive the notification of denial. If your H1B transfer request is denied, you no longer have a valid H1B status to be lawfully employed.

When is the appropriate time to apply for an H1B change of employer?

Generally speaking, you can get a new H1B within 3 months after the new employer applies for H1B transfer for you. However, if the Premium Processing (PP) service is available, you can use the USCIS PP expedited service, and get your H1B transfer approved within 15 business days. In order to reduce the H1B transfer time, it is generally recommended you to use the PP expedited service. If you are wondering when you should notify your original employer for the transfer, the safest way is to wait until your H1B transfer is approved.

What happens if my application to change employer is denied?

When applying for an H1B transfer, there is always a risk. If you experience transfer denial, you will not have the H-1B status to be employed by your new employer. It is recommended that you wait until transfer status is granted before starting new employment in case of denial. Once your transfer is denied, you can remain in the U.S. until the departure date listed on your I-94 arrival/departure card. If your employment is terminated before your validity period of your H1B is over, there is also a 60-day grace period.

Is there a limit on the number of times to apply for an H1B Transfer in a year or month?

No, there are no such limits, you can apply for an H1B transfer as many times as you want in a month or year. In fact, portability is one of the many benefits of having an H1B visa. The only contingency is that your H1B visa must be valid when applying for a H1B Transfer.

Can I continue to work with the current employer after the approval of H1B Transfer?

After the transfer is approved, if you change my mind and decide to continue to work with the current employer, you can do so as if you never filed an H1 transfer.

What is the 60-day Grace Period for H-1B Transfer?

USCIS provides a 60-day grace period after the last day of employment during which a new employer can file a petition to transfer an H-1B over. So long as the petition is received by USCIS within the 60-day grace period, the candidate can remain in the U.S. and even start working for the new company.

 Apply for a change of H1B employer