ALL >> Legal >> View Article
H-1b: Watch Out While Changing Employers

We are often asked this question: What happens if the beneficiary was unemployed for a period of time before a new employer files an H-1B transfer petition?
Our experience is that the USCIS uses its discretion and approves the transfer with change of status when the unemployment period is comparatively short. But it if it is more than a few weeks, then the situation could be a little more complex. The case could still get approved, but with consular processing, meaning the beneficiary should depart the US and get the visa stamp to be able to work for the new employer. In such cases, we advise the employer not to put the new alien on the payroll until the H1B petition outcome is known. We also recommend premium processing for such petitions.
Then what is the maximum period (days, weeks or months) a person can remain unemployed before an H1B transfer is filed? The safest answer is zero. But we have seen a number of cases approved when the gap in employment was short. Further, as said above, the transfer could be denied though H1B classification is approved, i.e., the beneficiary would have to travel out of ...
... the US, get the new visa stamped, and return to the US to be able to commence employment with the new employer.
After transferring the H-1B to a new employer, should the beneficiary leave the US and obtain a new H-1B stamp on his/her passport before starting the new job? The answer is that if the H1B is granted with extension/change of status, i.e., with an I-94 with new validity dates, there is no need to get the visa stamped.
A related question then is whether a person can travel while the H-1B transfer petition is pending. We advise against such travel. In the past, we had instances where USCIS came back asking to prove that the beneficiary was still in the US when the H1B transfer was adjudicated.
Disclaimer: The information in the above article is of a general nature only and should not be taken as legal advice. Always seek professional legal advice before proceeding with your case.
Copyright: The Law Offices of Morley J. Nair, Inc.
Morley J. Nair is the Founder of The Law Offices of Morley J. Nair, located in Philadelphia, PA, practicing Immigration Law in all the 50 states. The firm has processed thousands of H-1Bs and hundreds of employment-based immigrant visas. The law firm websites are http://www.visaworks.com and http://www.h1bplanet.com.
Add Comment
Legal Articles
1. Annulment Vs. Divorce In Singapore: Legal Differences ExplainedAuthor: Singapore Sole Parent
2. Experienced Civil Lawyer In Chennai: Your Guide To Justice And Peace Of Mind
Author: Sonu
3. Expert Guidance On Bankruptcy In Fort Worth: Your Path To Financial Relief
Author: RecoveryLawGroup
4. Why The Uae Is Emerging As A Global Hub For Arbitration Law And Dispute Resolution
Author: Dr. Hassan Elhais
5. How The Best Immigration Agent In Australia Can Simplify Your Visa Journey
Author: Reach Immigration
6. Your Rights As A Renter: What Your Landlord Can And Can’t Legally Do
Author: Monica Quinn
7. Mastering The Sponsor Management System (sms) – 2025: A Practical Guide For Uk Employers
Author: Conroy Baker
8. The Role Of A Divorce Law Firm In Singapore: What They Actually Do
Author: Singapore Sole Parent
9. How Much Does A Divorce Lawyer Cost In Singapore? Fee Breakdown
Author: Singapore Sole Parent
10. Navigating Financial Relief: Your Guide To Bankruptcy Attorneys In Houston, Tx
Author: RecoveryLawGroup
11. How An Ri Dui Lawyer Can Help You Avoid A Criminal Record
Author: Law Office of John R. Grasso
12. Uk Visa Refusal Reversal: Expert Assistance 2025 Guide
Author: The SmartMove2UK
13. Divorce Law Firms In Singapore: Services, Fees, And What To Look For
Author: Singapore Sole Parent
14. Why Are More Traders Turning To Crypto Trading Bots In 2025?
Author: William carter
15. Nyc’s E2 Visa Experts: Real Results, Real Fast
Author: Berd and Klauss PLLC