H-1B transfer lawyer in New York. Change employers while maintaining status using H-1B portability. Serving Albany, NYC, and all of New York. Call (518) 698-0347.
H-1B portability under the AC21 Act allows professionals to change employers without losing their immigration status — but only when the transfer is executed correctly. The key requirements are that your existing H-1B petition must have been approved or pending for at least 180 days, you must have maintained valid H-1B status continuously, and your new employer must file a proper I-129 transfer petition before you leave your current job. Any misstep in this sequence can result in gaps in lawful status that jeopardize both your current visa and future immigration benefits.
Timing is the most critical and most misunderstood element of H-1B transfers. Many professionals assume they can resign first and begin the transfer process after — this is incorrect and can be disqualifying. You must remain employed with your current H-1B sponsor until the new petition is on file with USCIS. Our attorneys map out the precise transition window for each client, coordinate directly with the new employer's HR team, and ensure the LCA and I-129 are filed before any employment change takes effect. We also advise on premium processing strategy to reduce the period of petition uncertainty.
Concurrent H-1B filings and cap-exempt transfer options present additional pathways that many professionals overlook. If your new employer is a university, nonprofit research institution, or government research organization, cap-exempt filing allows faster, non-lottery-based processing year-round. For professionals moving between private employers, we evaluate whether concurrent employment structures or carefully sequenced consecutive petitions best protect your status and career trajectory. Every transfer case we handle is built with one goal: getting you to your new employer with zero gaps in lawful status.
H-1B portability is a legal provision under the American Competitiveness in the Twenty-First Century Act (AC21) that allows H-1B workers to change employers without losing their immigration status. To qualify, you must have an H-1B petition that has been approved or pending for at least 180 days, and your new employer must file a new H-1B transfer petition on your behalf. Once the transfer petition is properly filed, you can begin working for the new employer immediately — you do not need to wait for USCIS approval. This rule is designed to give H-1B professionals flexibility in the job market while maintaining lawful immigration status.
Under AC21 portability, you can begin working for your new employer as soon as your new employer files a non-frivolous H-1B transfer petition with USCIS, provided your prior H-1B was approved and you have been in valid H-1B status for at least 180 days. You do not need to wait for the transfer petition to be approved. However, timing is critical — you must not leave your current employer before the new petition is filed, as any gap in status can disqualify you from portability protection. An immigration attorney can help you coordinate the transition window to ensure seamless, compliant employment.
If your H-1B transfer petition is denied, your ability to continue working for the new employer ceases, and you may no longer be in valid H-1B status. If you are still within your original employer's petition validity period, you may be able to return to that employer, but this depends on whether that employer has kept your prior petition active. In some cases, a denial may trigger unlawful presence accumulation, which can carry serious immigration consequences including bars on re-entry. A strong transfer petition — with proper LCA, documented specialty occupation, and complete employer-employee relationship evidence — significantly reduces denial risk.
Yes, concurrent H-1B employment is permitted under U.S. immigration law. Each employer must file a separate H-1B petition with its own Labor Condition Application (LCA), and each position must independently qualify as a specialty occupation meeting H-1B requirements. Concurrent H-1B filings are common among professionals who consult, teach, or hold dual roles across organizations. Managing concurrent petitions requires careful coordination of wage compliance, work schedules, and documentation for each employer. An immigration attorney can ensure both petitions are structured correctly and that neither employment arrangement creates compliance risks.
Yes, every new employer filing an H-1B transfer petition must obtain its own approved Labor Condition Application (LCA) from the U.S. Department of Labor before submitting the I-129 petition to USCIS. The LCA attests that the employer will pay the prevailing wage for the role in the relevant geographic area, and that hiring the H-1B worker will not adversely affect similarly situated U.S. workers. The LCA is employer-specific and cannot be reused from a prior employer's H-1B. Failure to obtain a new, properly scoped LCA is a common source of H-1B petition defects and RFEs.
To file an H-1B transfer petition, the new employer typically needs: a signed offer letter or employment contract describing the specialty occupation role; an approved Labor Condition Application (LCA) from the Department of Labor; the employee's current I-94 record and copy of prior H-1B approval notices; educational credentials and transcripts showing degree alignment with the offered position; and evidence of the employer-employee relationship, including organizational charts, contracts, and end-client documentation if the employee is placed at a third-party site. Our attorneys review all documentation before filing to identify and resolve issues that could trigger an RFE or denial.
Our New York immigration attorneys handle H-1B transfers with precision to protect your immigration status.