Individuals with H-1B visa status, or previous status, have the ability to transfer to a different employer. The visa holder does not have to receive permission from the former employer for the H-1B visa transfer, though the individual does need to follow non-compete laws or any other contractual agreements the individual might have conceded with the employer.
In order for the H-1B holder to change employers, the new employer is required to submit an H-1B visa transfer petition with the USCIS. The H-1B visa holder cannot file on his/her own behalf. It is important for the individual to not have conducted any unlawful acts in the U.S. or violated his or her status. Otherwise, the petition will most likely be denied. For H1B Visa Evaluation Visit here
Time to Work with the New Employer
The AC21 allows H-1B individuals to start working once the new employer has submitted the H-1B petition to the USCIS and received an I-797C Notice of Action receipt.However, it is recommended for the H-1B holder to not start working until he/she has received H-1B visa transfer approval from the USCIS.
Employers are advised to adhere to I-9 procedures and create duplicates of the H-1B visa holder’s I-94 and the USCIS receipt of the petition.The H-1B individual must cease working with the new employer if the H-1B visa transfer petition is denied. The individual may then be considered “out of status.”To avoid being labeled as “out of status”, again, it is greatly suggested to wait until approval has been obtained prior to transferring.