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Seattle H-1B Visa Attorney — Crescent Law

Crescent Law | H-1B Transfer

Transferring Your H-1B to a New Employer in Seattle

Professional reviewing H-1B transfer documents with attorney

Changing jobs on an H-1B doesn't have to be stressful. Learn how portability rules let you start working for a new employer as soon as your transfer petition is filed.

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How H-1B Transfers Work

An H-1B transfer allows a worker to move from one sponsoring employer to another without going through the annual lottery again. Technically, USCIS refers to this as a "petition for a change of employer," but the process is commonly known as an H-1B transfer. The new employer files a new H-1B petition on your behalf, and under the portability provision of the American Competitiveness in the Twenty-First Century Act (AC21), you may begin working for the new employer as soon as the petition is received by USCIS. This is a critical advantage for workers in Seattle's competitive tech market, where opportunities often require quick transitions between companies.

The H-1B Transfer Process

01

New Employer Initiates the LCA

The prospective employer files a Labor Condition Application (LCA) with the Department of Labor, specifying the job title, worksite location in the Seattle metro area, and the prevailing wage for the position.

02

Employer Files Form I-129

Once the LCA is certified, the new employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. This petition includes supporting documentation such as the job offer letter, evidence of the specialty occupation, and proof of the worker's qualifications.

03

Worker Begins Employment Under Portability

Under AC21 portability, the H-1B worker may begin working for the new employer as soon as USCIS receives the transfer petition, provided the worker was in valid H-1B status at the time of filing and has not been employed without authorization.

04

USCIS Adjudicates the Petition

USCIS reviews the petition and may approve it, issue a Request for Evidence (RFE), or deny it. Processing times vary, but premium processing is available for an additional fee, guaranteeing initial action within 15 business days.

05

Receive Approval and Updated I-94

Upon approval, USCIS issues a new I-797 approval notice with an updated I-94 record reflecting the new employer and authorized period of stay.

Portability Has Conditions

You may only begin working for the new employer under portability if you were in valid H-1B status at the time the transfer petition was filed. If your status has lapsed, or if you have engaged in unauthorized employment, portability does not apply. Additionally, if the transfer petition is ultimately denied, you must stop working for the new employer immediately.

Key Documents for an H-1B Transfer

  • Current I-797 approval notice from existing employer
  • Valid passport with at least six months of remaining validity
  • Most recent I-94 arrival/departure record
  • Pay stubs from current employer (last three to six months)
  • Resume or CV reflecting current qualifications
  • New employer's offer letter detailing job duties, salary, and location
  • Certified LCA from the Department of Labor for the new position
  • Educational credential evaluations if applicable
  • Copies of all prior H-1B approval notices

H-1B Transfer Processing Times

Processing Type

Regular Processing

Typical Timeline

3 to 8 months

Additional Fee

None beyond filing fees

Processing Type

Premium Processing

Typical Timeline

15 business days

Additional Fee

$2,805

Planning an H-1B Transfer in Seattle?

Whether you're a professional exploring new opportunities or an employer ready to hire H-1B talent, Crescent Law can help you navigate the transfer process with confidence.

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Frequently Asked Questions

Can I start working for my new employer before the H-1B transfer is approved?
Yes. Under the AC21 portability provision, you may begin working for the new employer as soon as USCIS receives the properly filed transfer petition, provided you were in valid H-1B status at the time of filing.
What happens if my H-1B transfer is denied after I've already started working?
If the transfer petition is denied, you must cease employment with the new employer immediately. You may be able to return to your previous employer if they have not revoked their petition, or you may need to explore other options to maintain lawful status.
Do I need to go through the H-1B lottery again to transfer employers?
No. An H-1B transfer does not require you to go through the lottery again. The transfer is filed as a change-of-employer petition and is not subject to the annual cap, since you were already counted against it.
Can I transfer my H-1B if my current employer revokes the petition?
Timing is important. If a new employer files the transfer petition while your current H-1B status is still valid, portability applies even if the prior employer subsequently revokes their petition. However, if your status has already terminated before the transfer is filed, portability may not be available.
How long does an H-1B transfer take in Seattle?
Regular processing times currently range from three to eight months depending on the USCIS service center. Premium processing is available for an additional fee and guarantees initial action within 15 business days. Many Seattle employers opt for premium processing to minimize uncertainty.

Ready to Move Forward?

Whether you are a professional exploring your visa options or an employer building a global team, we are here to help you navigate the process with clarity and confidence.

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