Can I change jobs on an H-1B visa?
16
5
Best to remain employed with current H-1B sponsor until a new employer files an I-129 transfer and it’s approved. Premium Processing can speed this up. If you leave A and B is later denied (and A won’t rehire), you could be in trouble. You generally get a 60-day grace period as long as the I-94 hasn’t expired—but avoid relying on it if you can.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
I have an immigration question.
I understand immigration issues can be stressful. What type of question?
Switching jobs on H-1B.
Are you in the U.S. or abroad?
In the U.S.
Anything else the immigration lawyer should know?
No.
Hi! I’m a U.S. immigration attorney (27+ years). What would you like to know about switching jobs and maintaining H-1B status?
I’m on H-1B with Company A. I-797A valid through Aug 31, 2025; new I-797A already approved for Sept 1, 2025–Aug 31, 2028. Work environment is toxic; I want to switch. I thought if I quit now, I’d have to leave by Aug 31, 2025 because 60-day grace vs. status end. I considered filing B-2 to be safe. But my latest I-94 shows “Admit Until: Sept 10, 2025.” Can I lawfully stay without a job until Sept 10? Do I still get 60 days, or must I leave Aug 31 or Sept 10, or file B-2?
Best to remain employed with current H-1B sponsor until a new employer files an I-129 transfer and it’s approved. Premium Processing can speed this up. If you leave A and B is later denied (and A won’t rehire), you could be in trouble. You generally get a 60-day grace period as long as the I-94 hasn’t expired—but avoid relying on it if you can.
The environment is extremely toxic. I’m planning ahead in case I quit or get fired. How many days do I have—Aug 31, Sept 10, or 60 days from termination?
If you’re still maintaining H-1B now, no need to change to B. Have the new company file an I-129; upon proper filing/receipt you may start with them (with some risk) or wait for approval (safer).
I’m planning ahead to quit or be terminated and want to retain lawful presence.
If your I-94 is unexpired when employment ends, you have up to 60 days (or until I-94 expiry, whichever comes first) to:
- Get a new employer to file an I-129 before the 60 days end (you can remain while it’s pending; work on receipt is possible but carries risk—safer after approval), or
- File an I-539 to change status (e.g., to B-2). You can stay while the I-539 is pending.
If the 60 days pass without a filing, a later H-1B petition can be filed but likely consular processing (you’d leave, get a visa, and reenter) unless you’re in another valid status and can change back.
Thanks.
You’re welcome! Reach out if you need more detail.
