What a transfer really is
No simple form moves an H-1B from one company to another. The new employer files its own petition, backed by its own labor condition application, and USCIS decides it on its own merits. Workers already counted against the annual cap are usually not sent back into the selection process, although moving from cap-exempt employment raises different questions. Portability rules often allow you to begin working for the new employer once a proper petition has been filed, but whether they apply depends on your status at the time of filing. H-1B fee and selection rules have been changing, and some of those changes have been challenged in court with shifting results, so the current rules should be checked against your particular filing.
Records that keep the timeline clean
Keep your recent pay statements, your current approval notice, your I-94 record, and your passport and visa details together. Pay statements matter because they show you were actually working in status right up to the move. If there has been a layoff, note the last day of employment, because the grace period after a job loss is limited and it starts running from that day. Do not resign or stop working until you understand how the dates fit together. If you plan to travel while the new petition is pending, raise that before booking anything, since leaving can change how the case proceeds and may require a new visa stamp.
Questions we settle before filing
We confirm whether you are in valid status now and whether anything in your history, such as an unauthorized gap, needs attention. We look at the new job duties to make sure they fit the specialty occupation standard and match the wage level in the filing. If a green card process is underway with your current employer, we talk about what the move means for it, since some stages are tied to the employer and others are not. We also consider whether premium processing is worth it given your start date. The goal is a filing plan that you and the new employer both understand before anyone signs.
