For thousands of Indian professionals in the United States, the H-1B visa is a lifeline tied not just to their job but also to their specific employer. This dependency often leads to a pressing question: is it possible to change jobs while on this visa? The ongoing delays in H-1B and H-4 visa appointments at the US Embassy in India, coupled with recent policy shifts, have intensified uncertainty for many. The answer, however, is a qualified yes. One can switch jobs through a mechanism known as an H-1B transfer, which allows a visa holder to move to a new employer without undergoing the full lottery-based application process again.
The Step-by-Step H-1B Transfer Process
The journey begins once you secure a formal job offer from a new employer. The new company must file a new H-1B petition (Form I-129) along with a Labor Condition Application (LCA). The LCA is a critical step where the employer attests to paying the prevailing wage and working conditions. Any delay or error in filing the LCA can jeopardize the entire transfer, causing significant delays or even a denial.
After the LCA receives approval from the Department of Labor, the employer submits the complete I-129 petition to US Citizenship and Immigration Services (USCIS). Importantly, you can start working for the new employer as soon as USCIS issues a receipt notice for the filed petition. You do not need to wait for the final approval, a provision that offers crucial flexibility during the transition.
Essential Documents and Financial Responsibility
For a smooth transfer, the employee must provide several key documents to the new employer. This packet typically includes:
- Valid US visa stamp and current Form I-797 (approval notice)
- Latest Form I-94 arrival/departure record
- Detailed resume and recent pay slips
- A letter from the current employer confirming employment
- University degree certificates, transcripts, and relevant academic evaluations
In addition, the new employer is responsible for submitting supporting documents about the role and the company's financial health. These include a signed letter detailing the job title and salary, a comprehensive job description, and the company's financial statements, annual reports, or business plans. As with the initial H-1B filing, the employer is legally required to bear all mandatory fees associated with the transfer petition.
Timelines and Key Considerations
How long does this entire process take? While timelines can vary based on USCIS caseloads and the service center handling the petition, a standard H-1B transfer typically takes between 4 to 8 weeks from the date of application submission. It is advisable to account for this period when planning your job change.
The recent warning from the US Embassy in India about extensive delays in visa appointments adds another layer of complexity for those who might need a new visa stamp. However, the transfer process itself is an internal USCIS procedure and can proceed concurrently. For Indian professionals feeling stranded or uncertain due to the evolving immigration landscape, understanding the clear rules of the H-1B transfer provides a pathway to career mobility without losing legal status in the United States.
