On most US work visas, your permission to work is tied to one employer. Changing jobs is possible, but the order of steps matters.
Portability lets an H-1B worker start with a new employer once the new employer files the H-1B petition, before it is approved, if:
You were lawfully admitted to the US.
The new petition is filed before your current stay expires.
You have not worked without permission.
Steps:
Get a written offer. The new employer's attorney prepares the Form I-129 petition (and an approved Labor Condition Application).
Keep working at your current job until the petition is filed. Keep pay stubs for the last months; the attorney will ask.
Get the USCIS receipt notice. Then resign and start the new job.
If the new petition is denied, your permission to work for the new employer ends. Keep in touch with the attorney.
Your H-4 family follows your status. Their extension is usually filed with yours.
If you work at a university or some research nonprofits (cap-exempt), moving to a normal company may require the H-1B lottery.
In 2025 a $100,000 payment was added for some new H-1B petitions for workers outside the US. USCIS said it does not apply to a change of employer filed for a worker inside the US in valid status. The fee is also being challenged in court.
You may have a grace period of up to 60 days (or until your I-94 ends, if sooner) to find a new employer, change status or leave. See Laid off on H-1B or out of OPT days: the 60-day and 90-day rules.
On September 11, 2026, DHS proposed a rule to remove this 60-day grace period. It is only a proposal: the grace period still applies today. If you are laid off, talk to an attorney in the first days, not the last.
L-1: tied to your company or its related companies. Moving to a different company usually needs a different visa, such as H-1B.
O-1: the new employer (or agent) files a new petition; generally wait for approval before you start.
TN: the new employer can file a petition with USCIS, or you can apply at the border with a new letter. Do not start until it is approved.
E-1, E-2, E-3: generally tied to a specific employer. Ask an attorney before you change.
If your employer filed a green card case, changing jobs can affect it. In some cases, people with a pending I-485 for more than 180 days can move to a same or similar job. Ask your attorney before you resign.
Resigning before the new petition is filed.
Starting work on a TN, O-1 or L-1 before approval.
Taking a long gap between jobs on H-1B without checking the grace period.