Can I Switch U.S. Employers with an H-1B Visa?

You may have retained an H-1B visa in the first place because you have specialty knowledge that could be used for a certain job position with a United States employer. Since it was likely difficult to be granted this nonimmigrant work visa, you likely do not want to do anything to jeopardize it. Meaning, you may be hesitant to leave your current employer. Follow along to find out whether you can switch between United States employers while holding an H-1B visa and how a proficient Lyndhurst H-1B visa attorney at The Law Offices of Salvatore A. Falletta can guide you down the right path.

Can I legally switch between United States employers with an H-1B visa?

You may be well aware of the great lengths that your current employer went through to sponsor your nonimmigrant work visa. And while you may be abundantly grateful for this opportunity, you must listen to your gut when it comes time to make your next career move. This may mean switching jobs to work with another United States employer.

But before making this major decision, you must understand that this may not be an easy switch. That is, this switch may require you to find a new United States employer who is able and willing to, first, offer you a job in a specialty role and, second, serve as your sponsor. Essentially, you may have to start from square one and reapply for an H-1B visa.

And say, for instance, that your specific situation is one in which you are not voluntarily leaving your current employer but rather you are being laid off. Well, you may rest assured knowing that the United States Citizenship and Immigration Services (USCIS) may allow you a discretionary grace period so that you may have ample time to pivot. This grace period is typically 60 calendar days.

What documents do I need to make this visa transfer?

Upon finding a new employer to sponsor you, you must request that they submit the Labor Conditions Approval (LCA) to the USCIS. Then, once the LCA is approved, you must request that they submit Form I-129 to the USCIS. You must emphasize that this application process be promptly conducted, and remind the new employer of your 60 calendar day deadline.

However, if you cannot find a new employer within 60 calendar days, then it may be in your best interest to apply for an adjustment of status. This is so you may legally remain in the country while you figure out your next move.

In the end, the first step you must take for this visa transfer is to retain the services of a talented Lyndhurst employment immigration attorney. So call us at The Law Offices of Salvatore A. Falletta today.