TL;DR: If you are already in H-1B status in the U.S., you can usually start working for a new employer as soon as that employer files a new Form I-129 for you. You do not have to wait for approval. The new employer pays the filing fees, premium processing is optional, and leaving a cap-exempt employer for a regular company can put you back into the lottery.
Strictly speaking, nothing gets “transferred.” The new employer files a brand-new petition. Here is what to check before you resign, as of October 2026.
How H-1B portability works (when you can start)
USCIS’s employer handbook says an H-1B worker changing employers “may begin working for the new employer as soon as the employer files a Form I-129 petition” for them. The new employer has to file before your current authorized stay expires.
- “Filed” means received by USCIS. Wait until you have the receipt notice, or the attorney’s written confirmation of delivery, before your first day.
- Risk if it is denied. Your permission to work for the new employer depends on the pending petition. If it is denied, that permission ends, so do not burn bridges with your old employer.
If you are still deciding whether a company will sponsor at all, start with visa sponsorship at Korean companies.
Cap-exempt vs cap-subject: the trap people miss
If you got your H-1B through the regular lottery at a private company, you have already been counted. Under 8 U.S.C. 1184(g)(7), a worker counted within the past 6 years generally “shall not again be counted,” so a move to another private employer does not need a new lottery.
The trap is the other direction. Universities, related nonprofits and nonprofit or government research organizations sponsor H-1B outside the cap. If you started at one of them and were never counted, you will be counted “the first time the alien is employed by an employer other than” a cap-exempt one. Leaving a university lab for a Korean battery company may mean you need to be selected in the lottery first.
If you are unsure which group you are in, look at your old approval notices and ask the attorney before you accept.
What a change-of-employer petition costs (October 2026)
These are the USCIS fees in 8 CFR 106.2. Which ones an employer cannot pass on to you is in who pays H-1B fees.
| Fee | Amount | Applies to a change of employer? |
|---|---|---|
| I-129 base fee (H-1B) | $780; $460 for small employers and nonprofits | Yes (8 CFR 106.2) |
| Asylum Program Fee | $600; $300 for small employers; $0 for nonprofits | Yes, filed with the I-129 (8 CFR 106.2) |
| Fraud Prevention and Detection Fee | $500 | Yes. The statute covers petitions “to change employers” (8 U.S.C. 1184(c)(12)) |
| ACWIA fee | $1,500 or $750 | For certain H-1B petitions under 8 CFR 214.2(h)(19); the attorney confirms which amount applies |
| Premium processing (Form I-907) | $2,965 | Optional; amount in effect since March 1, 2026 (Federal Register) |
For a typical employer that owes the $1,500 ACWIA amount, that is $3,380 in USCIS fees, or $6,345 with premium processing. Premium processing does not change when you can start. It only buys speed: USCIS says it will act “within 15 calendar days for most classifications”.
The $100,000 proclamation
The White House H-1B FAQ calls it “a one-time fee on submission of a new H-1B petition” for petitions filed after 12:01 a.m. EDT on September 21, 2025. On September 18, 2026, a new proclamation renewed the requirement for certain H-1B applications (White House fact sheet).
The FAQ does not directly say whether a change-of-employer petition for someone already working in the U.S. counts as “new.” Before you resign, ask the new employer’s attorney to confirm in writing whether the payment applies to you.
Documents to gather before the new employer files
Send these in the first week. Delays usually start on the candidate’s side.
- Passport bio page, current H-1B visa stamp and most recent I-94
- All prior I-797 approval notices, including from cap-exempt employers
- Recent pay stubs from your current employer
- Degree certificates, transcripts and, for foreign degrees, a credential evaluation
- Dependents’ passports and I-94s if your family is in H-4 status
“How many pay stubs do I need?”
The worry is often about what the stubs might show, such as unpaid time or a pay cut.
“Three stubs” gets repeated a lot, but I could not find an official rule that sets a number. USCIS says you can start with the new employer once it properly files a nonfrivolous petition, assuming your status is still valid (USCIS H-1B FAQ). Pay stubs are simply the most common way to show it. If there is a gap or a reduced-pay period, tell the attorney up front.
If you’ve already lost your job
You may have a grace period of up to 60 days to find a new employer who can file for you. How to count those days is in my guide to the 60-day grace period after job loss. Start talking to recruiters on day one.
Filing by day 60, or starting by day 60?
USCIS’s FAQ says a nonfrivolous change-of-employer petition filed within the grace period is one of the actions that can let you stay past 60 days, and you may begin working once the employer properly files. The grace period can be shorter than 60 days if your authorized stay ends first (USCIS H-1B FAQ).
On September 11, 2026, DHS published a proposed rule to eliminate the 60-day grace period (Federal Register). It is a proposal, so check whether it has become final. Not legal advice; every case is different.
What’s different with Korean-affiliated companies
- HQ approval adds time. Sponsoring a new hire often needs sign-off from Seoul. Do not give notice on a verbal offer.
- Different visas in the same office. Teammates may be on E-2 or L-1, which follow different rules. See E-2 for employees and L-1 transfers from Korea.
- Titles must match the duties. Korean titles like 대리 or 과장 often get translated loosely, so make sure the English title and duties fit a specialty occupation.
Before you accept, ask when the attorney will file, whether they pay for premium processing and whether your start date is tied to filing. Get the answers in writing, using my offer letter checklist for Korean companies.
FAQ
Do I need to wait for approval before starting the new job?
Generally no. USCIS says you may start once the new employer files the I-129, as long as it is filed before your authorized stay expires.
Do I have to go through the lottery again?
Not if you were already counted against the cap in the last 6 years. If you have only worked for cap-exempt employers, moving to a private company usually means you will be counted for the first time.
Who pays the transfer fees?
The new employer files and pays. Base, Asylum Program and fraud fees apply to a change of employer, and so does the ACWIA fee in most cases. Premium processing is optional.
Related guides
Free tool: H-1B Timeline Calculator. Run your own numbers in a minute.
