H-1B Transfer (Change of Employer): Timeline, Fees, Process | Pollak PLLC

H-1B transfers let you change employers without going through the lottery again. If you qualify for AC21 portability under INA section 214(n), you can usually start working for your new employer once a nonfrivolous change of employer petition is properly filed, instead of waiting for an approval notice. Regular processing often takes several months, while premium processing typically provides a decision within about 15 business days. Government fees include the I-129 filing fee, the ACWIA fee, the Fraud Prevention and Detection Fee, the Asylum Program Fee, and, in limited cases, a four-thousand-dollar fee for certain 50/50 employers. This comes up often for professionals relocating to the Dallas-Fort Worth region or South Florida who want to keep working without interruption.

What An H-1B Transfer Actually Is

When you move from one H-1B employer to another, you and your new sponsor use what most people call an H-1B transfer. In legal terms, this is a new Form I-129 petition that your new employer files with the United States Citizenship and Immigration Services, requesting a change of employer in the H-1B classification. You are not going through the cap again. You are relying on the fact that you were already counted against the cap in a prior H-1B approval.

Your prior approval stays tied to the earlier employer. The new petition must independently qualify. The job still has to be a specialty occupation, the offered wage must meet or exceed the required wage, and your new employer must obtain a certified Labor Condition Application that covers the new worksite. AC21 portability rules, including INA section 214(n) and the H-1B portability regulations, allow you to change employers without waiting for approval when specific conditions are met.

This process is not the same as an amendment. An amendment is usually appropriate when your current H-1B employer changes your worksite, duties, or other key terms but remains your employer. A change of employer petition is a new filing for a new company, even though it relies on your existing cap count. The new petition is generally not subject to a cap because you already cleared that step once. That is why H-1B transfers are such a common path for career moves in technology, finance, healthcare, and professional services in Dallas-Fort Worth, Austin, Fort Lauderdale, and across Florida.

Start on filing only applies when your new petition is nonfrivolous, you have maintained valid H-1B status, and the petition is properly filed before your current period of authorized stay expires or during a valid grace period.

Is An H-1B Transfer A New Petition Or A True Transfer?

The word transfer is shorthand. You and your employer are filing a new I-129 change of employer petition that reuses your prior cap allocation. Nothing about the original approval is literally moved from one company to another.

Eligibility To Change H-1B Employers Under AC21 Portability

AC21 portability rules let you start working for a new H-1B employer once a qualifying change of employer petition is properly filed. This can be crucial when you have a tight start date or need to relocate quickly for a position in Dallas Fort Worth, or South Florida. To rely on portability, you and your employer must satisfy several conditions focused on timing, status, and the quality of the filing.

A simple way to view the core criteria is in a checklist.

The sixty-day grace period is important but often misunderstood. It is a discretionary period that USCIS may grant when your employment ends early. It is not guaranteed, and you should not treat it as a long idle window. When you are between roles, early filing helps create a cleaner record for a portability claim.

If you are unsure whether you meet these criteria, speaking with an H-1B visa lawyer who understands portability and timing rules can help you evaluate risks before you resign or accept a new offer.

Can You File An H-1B Transfer During The 60 Day Grace Period?

You can usually file a change of employer petition during the grace period if you remain otherwise eligible and have not violated your prior H-1B status. The sooner you file within that period, the better your position is if USCIS later reviews your timeline. Filing near the end of the sixty days can increase scrutiny, so you and your new employer should move quickly when an offer is finalized.

If you are already in the Dallas-Fort Worth area or South Florida and your employment ends, the grace period can provide a narrow but valuable window to secure a new offer and prepare the filing. Waiting until the end of the sixty days often creates unnecessary pressure.

What Counts As Being In Status For A Transfer Filing?

To show that you were in valid H-1B status at the time of filing, you usually rely on a combination of documents.

Gaps in pay, missing records, or early departures can complicate this analysis. When you are planning a move, gathering these items in advance allows the new employer and your counsel to review them and address issues early.

H-1B Transfer Timeline: From Offer To Legal Start Date

The H-1B transfer timeline depends on how quickly everyone moves, how long it takes to obtain a certified Labor Condition Application, and whether you choose regular or premium processing. For workers and HR teams in Dallas-Fort Worth, and South Florida, a clear sequence makes it easier to plan onboarding, relocations, and client assignments.

Most H-1B transfers follow a path similar to this.

In practice, the overall timeline from offer to a filed petition is often two to six weeks, depending on how quickly information moves between you, the employer, and the legal team. Planning ahead and anticipating document needs can help reduce delays.

How Long Does An H-1B Transfer Take With Regular vs Premium Processing?

With regular processing, USCIS timelines vary by workload and service center. It is common for processing times to be measured in months. During that period, if you qualify for portability, you can usually keep working. The uncertainty is about when a final decision will arrive, not whether you can continue day to day.

Premium processing uses Form I-907 and an additional fee to request faster service. USCIS generally commits to providing an approval, denial, or Request for Evidence within fifteen business days. If USCIS issues a Request for Evidence, the fifteen day clock resets once the response is filed. For workers who need clarity for international travel, client projects, or complex remote work setups, premium processing can provide a more predictable timeline.

What Steps Occur Before USCIS Issues The I-797C Receipt?

Before USCIS issues the I-797C receipt notice, the agency checks for basic completeness. That review includes making sure that:

• The correct filing fees are included.
• All required signatures are present.
• The certified Labor Condition Application is in the package.
• The petition identifies the correct classification and requested dates.

If something is missing, USCIS may reject the petition rather than accepting it for processing. A rejection delays the entire process and can create portability and status problems if you were close to an expiration date. Careful assembly and review before filing reduce this risk.

H-1B Transfer Fees: Full Cost Breakdown And Who Pays What

H-1B transfer petitions involve several government filing fees. These vary by employer size and profile, and some fees must be paid by the employer rather than the employee. Understanding the breakdown helps you evaluate offers and avoid compliance issues when costs are misallocated.

A typical fee structure for cap subject, for profit employers looks like this.

By law and policy, the ACWIA fee and the Fraud Prevention and Detection Fee must be paid by the employer. These fees are considered employer obligations and cannot be shifted back to you, whether directly or indirectly. Improper cost shifting can create wage and compliance problems that harm both the worker and the employer.

From time to time, there are proposals for new fee structures that target new cap subject filings. Those proposals generally do not apply to transfers that rely on prior cap counts. When you are changing employers, you should focus on the current fee schedule that applies to transfers.

Which H-1B Transfer Fees Must The Employer Pay?

A simple summary of who should pay the major fees looks like this.

If you are asked to cover the ACWIA or Fraud Prevention and Detection Fee, that is a warning sign that the employer may not fully understand its obligations. Those fees, if shifted to you, can push your effective wage below the required level.

When Does The Four Thousand Dollar Public Law 114 113 Fee Apply?

The four thousand dollar fee applies only when an employer has at least fifty employees and more than half of the workforce is in H-1B or L-1 status. It is a narrow provision that targets a specific staffing profile.

Many small and mid sized employers in Dallas Fort Worth and South Florida do not meet this threshold. When the fee does apply, the employer is responsible. It should be treated as a business and budgeting decision, not a cost passed to an individual worker.

When You Can Start Working: Portability, Receipts, And I-9 Compliance

One of the most important questions in any H-1B transfer is when you can lawfully start working for the new employer. Under AC21 portability, you can usually begin employment once a nonfrivolous change of employer petition has been properly filed, as long as you meet eligibility criteria and the new job is in the same or similar occupational classification.

In practice, many employers wait for the I-797C receipt notice to confirm that USCIS has accepted the petition. Portability technically attaches at proper filing, but the receipt gives evidence that helps HR document work authorization for Form I-9.

For human resources teams, especially at multi site employers in Texas and Florida, good I-9 practices are essential. They protect the company in audits and give you more confidence about status.

A simple way to view I-9 documentation for transfers is.

Can You Start On An I-797C Receipt Under AC21 Portability?

In many cases, you can start once a nonfrivolous petition has been properly filed and you meet portability criteria. The I-797C receipt is proof that USCIS accepted the petition, which supports the employer’s internal records.

Some employers prefer to wait until the receipt arrives before setting the start date, even though the law does not require that waiting period. You and your employer should discuss timing, risk tolerance, and documentation with the legal team handling the transfer.

How Should HR Annotate Form I-9 For A Transfer Hire?

Human resources teams should clearly document that you are authorized to work under a pending H-1B change of employer petition. A practical approach is to:

• Record your name exactly as shown in your passport.
• List your status as H-1B, with a note that work authorization is based on a pending change of employer petition under AC21 portability.
• Reference the I-797C receipt number and filing date in internal notes.
• Retain copies of the receipt, I-94, prior approvals, and passport biographic page with the I-9 file.

This kind of careful annotation is especially important for employers with distributed teams, multiple sites in Dallas Fort Worth, or hybrid work arrangements in South Florida.

Required Documents For An H-1B Transfer

Successful H-1B transfers rely on complete documentation from both the employer and the employee. Treating the document list as a shared checklist reduces the risk of delays and Requests for Evidence.

Employer Documentation: Job Details, LCA, Corporate Records

Employers usually gather several categories of documents.

For employers who also sponsor L-1 visas or EB-2 green card cases, a central repository for immigration related corporate documents can make H-1B transfers more efficient.

Employee Documentation: Immigration History, Degrees, Pay Records

Employees also contribute key documents.

Collecting these documents before the offer is finalized allows the legal team to spot status and eligibility issues early and to advise on timing, travel, and portability.

Special Scenarios: Grace Periods, Remote Work, Cap Exempt Jobs, And More

Many H-1B transfers involve details beyond a straightforward change of employer. The sixty day grace period, remote work, cap exempt employment, and concurrent H-1Bs all require careful review.

A summary view of common scenarios is helpful.

The grace period is a safety net, not a long term plan. If your H-1B job ends, you may have up to sixty days, or until your current I-94 expires (whichever is shorter), to secure a new role and file a new petition. Remote work and client site placements are now common. Because H-1B petitions are tied to specific worksites on the LCA, long term shifts to new counties or metro areas can require amended filings.

Cap exempt and cap subject distinctions affect strategy. Universities, certain nonprofit research organizations, and some related entities can often file without regard to the cap. When you move from a cap exempt role to a cap subject private employer, your new petition strategy may depend on whether you have prior cap time. Concurrent H-1Bs can give you flexibility when you are transitioning or holding two roles.

Does Remote Work Or A Client Site Change Require An Amended Petition?

An amended petition is often required when there is a material change in your worksite location. If your primary worksite moves outside the original area of intended employment listed on the LCA, the employer may need to file an amendment.

Short business trips usually do not require an amendment, but long term relocation, permanent remote work in another city, or extended client site assignments can. Employers in Texas and Florida should align remote and hybrid policies with immigration filings so that worksites listed in LCAs match the reality of where you work.

What Happens When Moving Between Cap Exempt And Cap Subject Employers?

When you move from a cap exempt employer to a cap subject employer, the new filing strategy depends on your cap history.

• If you have already been counted against the cap within the allowed H-1B period, the new employer may file a transfer based on that prior cap count.
• If you have never been counted, the new employer may need to obtain a cap number, which usually means filing during the cap season.

Moving from a cap subject employer to a cap exempt employer is often more flexible, because cap exempt employers can file any time. Still, your prior approvals, travel history, and remaining H-1B time all need careful review.

How Concurrent H-1B Employment Works

Concurrent H-1B employment lets you hold H-1B positions with more than one employer at the same time. Each employer must file its own petition, and each role must independently qualify as a specialty occupation with an appropriate wage and LCA.

Concurrent roles can be useful if you are gradually transitioning to a new employer, adding a part time teaching or consulting role, or supporting a second project. Timing, hours, and documentation must be managed so that all petitions remain accurate and your total workload remains realistic.

Premium Processing vs Regular Processing: How To Decide

Premium processing and regular processing both lead to the same type of H-1B decision. The main difference is timing and predictability. Choosing between them depends on timing needs, risk tolerance, and budget.

Premium processing offers a fifteen business day response. This can help when you:

• Need to travel internationally soon after changing employers.
• Are coordinating a complex client assignment or relocation.
• Need clarity for related filings, such as a future green card plan.

Regular processing can make sense when you:

• Clearly qualify for portability and can start working on filing.
• Have no urgent travel plans.
• Have an employer that is comfortable with a longer pending period.

Is Premium Processing Worth It For Mid Year Or Relocation Driven Changes?

Premium processing is often worth considering when you are moving between cities or states, planning a relocation to Dallas Fort Worth or South Florida, or joining a role with frequent travel. A faster decision can clarify your ability to leave and reenter, schedule visa stamping, or accept time sensitive assignments.

If you are staying in the same region, have no immediate travel plans, and qualify for portability, regular processing may be sufficient. You and your employer should weigh cost against the need for fast certainty.

Travel And Status Issues During An H-1B Transfer

Travel during an H-1B transfer requires careful planning. A pending change of employer petition can interact with travel in ways that affect status and may shift you from a change of status path to consular processing.

If you leave the United States while a combined change of employer and change of status petition is pending, USCIS may treat the change of status portion as abandoned. You might then need to obtain a new visa stamp and reenter using the approved petition to resume work.

A simple travel checklist for transfers includes the following items.

Can You Travel Internationally While A Transfer And Change Of Employer Are Pending?

You may be able to travel, but you should understand how that travel interacts with your specific filing. If the petition includes a change of status and you depart, the change of status portion may be considered abandoned. You may then need to rely on consular processing, obtain a visa stamp, and reenter on the new approval notice.

Because of these complexities, many workers avoid international travel during sensitive parts of the transfer process unless the legal team has reviewed the plan and confirmed the risks.

How Visa Stamping And I-94 Mismatches Affect A Transfer

After you reenter the United States, your I-94 record controls your period of authorized stay. If your I-94 shows an expiration date earlier than the approval notice, you may accidentally shorten your stay.

During or after a transfer, mismatches between visa stamps, I-94s, and approval validity dates can create confusion and potential status problems. Checking your I-94 after each entry and keeping copies of each reentry record helps you maintain long term compliance.

RFEs, Denials, And Maintaining H-1B Compliance

Requests for Evidence and occasional denials are part of the H-1B landscape, especially in transfer cases. RFEs often focus on specialty occupation issues, wage levels, worksite arrangements, and proof that you maintained valid status with the prior employer.

Common triggers include:

• Degree and job duties that do not appear closely related.
• Level one wage designations for roles that seem more advanced.
• Third party client site placements without clear control documentation.
• Incomplete pay records or status gaps.
• Unclear remote or hybrid work arrangements.

A summary view of common RFE triggers is helpful.

If an RFE is issued, the response window is limited. You and your employer usually gather additional documentation, clarify job duties, and show how the role meets H-1B standards.

A denial during portability has serious consequences, because work authorization under AC21 portability usually ends when the petition is denied. At that point, you may need to stop working immediately and rely on the grace period or other options to maintain status or prepare to depart.

What Happens If The Transfer Is Denied While Working Under Portability?

If a transfer is denied while you are working under portability, you generally must stop working right away. The sixty day grace period may be available, but it is not automatic. Your options depend on the reason for denial, your remaining I-94 validity, and whether another petition is pending.

In some cases, a new employer may be able to file another petition quickly, or you may change to another status if you qualify. In other situations, departing and later returning on a new approval may be the safest course. Early planning gives you more realistic options if a denial ever occurs.

Common RFE Triggers In H-1B Transfer Cases

Common RFE themes in transfer cases include:

• Whether the job qualifies as a specialty occupation.
• Whether the chosen wage level accurately reflects duties and responsibilities.
• Whether a third party worksite is documented clearly.
• Whether you maintained H-1B status with the prior employer.
• Whether the location listed in the petition and LCA matches the actual worksite.

Keeping accurate records of duties, work locations, client assignments, and payroll can help reduce the risk of RFEs and support strong responses when they arise.

How Pollak PLLC Supports Employers And Talent Through H-1B Transfers

At Pollak PLLC, we help employers and workers manage H-1B transfers with a focus on timing, compliance, and long term planning. Our firm serves businesses and professionals across Dallas Fort Worth, South Florida, and beyond, guiding you through each phase of the change of employer process.

We work with employers to structure positions, document wages, and prepare petitions that reflect real world work arrangements, including remote and client site roles. For growing companies that also rely on L-1 visas, EB-2 green cards, and other business immigration tools, we help coordinate H-1B transfers with broader workforce and immigration planning.

For individual professionals, we review status history, pay records, and travel plans so that you understand how AC21 portability, grace periods, and premium processing options apply to your situation. Our firm explains the risks and tradeoffs in clear language so you can make informed decisions about when to resign, when to start with a new employer, and how to schedule travel during a transition.

If you are an employer hiring H-1B talent in Dallas-Fort Worth or South Florida, or a worker considering a change of employer, Pollak PLLC can help you evaluate your options, prepare a strategy, and handle the filings needed for an H-1B transfer. You can contact our firm to schedule a consultation about your specific facts, timelines, and goals.