The answer to this question is complicated because there are several time-dependent steps in changing H-1B employers. You will initially need to agree on a start-date with your new employer, and you may be obligated to submit two weeks’ notice to your previous employer.

Here is an outline of the steps in the process that you, the foreign national, are responsible for:

First: You will need to get the information your employer needs to them as quickly as you can. Your new employer will need your “status” documents (passport, I-94, visa) – these are the documents that outline your U.S. immigration status. Your new employer will also need your educational credentials: your degree certificates, complete transcripts, and, if applicable, translations and a credentials evaluation. If you don’t have a credentials evaluation, the new employer will obtain one, but they will need your certificates and transcripts in order to do so. 

Your new employer will also need your last 3-4 paystubs. These are evidence that you have maintained your H-1B status by working for the employer who filed the petition for you.

Second: Ideally, your previous H-1B petition holds the key to a quick preparation of a change-of-employer petition. Unless your new job is very different from your current job, the Labor Condition Application (“LCA” or Form ETA9035) that was filed for the job you are currently performing will be the basis for the LCA for your new job. Your employer is obligated by the US immigration regulations to provide you with a copy of the LCA filed with your H-1B, and you should ask your employer (nicely) for a copy of the approved H-1B petition filed on your behalf as soon as possible after it has been approved. 

Your new employer will send your documents, the job description, salary, and start date to their immigration attorney, and then the new LCA can be drafted, posted, and submitted. The LCA takes 10 days to be processed at the Department of Labor, and once it has been certified, the entire H-1B petition can be filed. 

Most law firms will use a courier service like UPS or FedEx to submit petitions to the USCIS, and once the courier provides confirmation that the petition has been received at the USCIS Service Center, you can go to work for your new employer. Or, you can wait another 10 days or so for the receipt notice (Form I-797C) to arrive indicating receipt and assignment of a case number for the petition. And that’s a good thing, because it takes months for the USCIS to approve most H-1B change-of-employer petitions. For an additional fee of $2500, you can request Premium Processing for your petition, which should provide a decision within 15 days of receipt of the petition.

You don’t need to leave the U.S. and apply for a new visa in order to change your employer under most circumstances. If you are changing employers, it’s best not to plan any overseas travel until the petition is approved.