You are in valid H-1B status, and now you’ve interviewed for and been offered an exciting new job and you would like to take it. The new employer says “Yes! We will transfer your H-1B.”

Your new employer must file a petition to change your employer and extend your H-1B status. This is almost exactly the same package that was filed for you initially. It will include the USCIS forms – the I-129, the I-129 H supplement and the I-129 DC supplement – a new Labor Condition Application, and a support statement from the new employer explaining the job and how you are qualified.

That’s what your new employer will need, but in addition to these items, you will need to provide proof of your current H-1B status, and that you have maintained status by continuing to work for your current employer. This includes the H-1B approval notice (Form I-797A) for your current employer’s filing on your behalf (it should not be expired), an I-94 entry record – either from travel abroad and re-entry into the United States, from the Customs and Border Protection’s website – or the little card appended to the bottom of the H-1B approval notice that shows your status as H-1B, and 3-4 recent paystubs from your current employer. If it is your second or third change of employer since you originally obtained H-1B status, you may be asked to submit each of your previous approval notices. This will show a seamless duration of time in valid H-1B status. You will also be asked for copies of your degree certificate and transcript, and if your education was completed outside the U.S., certified translation, and a credentials evaluation (if you have one). You will also be asked for a copy of your passport (at least the biographic, or “face” page), including any previous visas (H-1B, L, or F). If you were in F – or student – status before your current H-1B, you may also be asked for copies of your I-20s.

Your new employer, or their immigration attorney, may ask you if you have a copy of your previous H-1B petition, and it’s a very good idea for you to ask your current employer for a copy of this as soon as possible, because it will include the Labor Condition Application, which by law your employer is supposed to provide to you once the H-1B petition is approved.

Once the petition changing your employer has been submitted to the USCIS, you will need evidence that it has arrived at the USCIS – either a UPS, FedEx, or USPS receipt, or the actual USCIS receipt notice; and then you can go to work for your new employer.

And once that new petition has been approved, remember to ask your employer for a copy!