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Will changing jobs impact my H-1B status?

On Behalf of | Jul 31, 2023 | Employment Immigration Visas

The U.S. is a dream destination for many foreign nationals. If you’ve landed a job in the U.S. through an employer-sponsored H-1B visa, you might find yourself wondering if you have to stick with your original job no matter the circumstances. Given the kinds of opportunities available in the U.S., you might want to expand your horizons. Put in another way, can you change jobs if you are on H-1B visa?

The simple answer is, YES – you can change employment if you are on H-1B visa. However, you cannot transfer your H-1B visa. When a new opportunity comes alone, and you decide to change jobs, you’ll need to take specific steps to preserve your immigration status.

How does the H-1B visa program work in a job transfer situation?

If you decide to change jobs, you will need to petition for a new H-1B visa. This might sound tedious. However, you’ll have a couple of things working for you since you have already received H-1B visa status. Here are a few conditions you’ll need to satisfy when applying for your H-1B transfer:

  • You must provide an offer letter that details your new contract, role and employment
  • You must file a Labor Condition Application (LCA) form
  • You must provide applicable visa application supporting documents and pay applicable fees.

Together with your H-1B transfer petition, you will need to update your personal information like paycheck stubs, Social Security details, a recent valid visa, passport and I-94 records as well as your resume and educational records.