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. Professional Degree Attestation For Doctors, Nurses & Healthcare Professionals In The UaeAuthor: Prime Global
2. How To Get Instant Gst Registration As Per New Rule 14a?
Author: Legal Papers India
3. How Florida Courts Evaluate The Best Interests Of The Child
Author: Grant J Gisondo
4. Itr Return: Complete Guide For Fy 2025–26 (ay 2026–27)
Author: legalpapersindia
5. Divorce And Property Battles: What Decides Who Gets What?
Author: SPJ Advocates
6. Best Divorce Lawyer In Delhi Ncr (2026) | Expert Legal Help
Author: Unsaathi
7. Connect With Our Family Legal Experts For The Right Support
Author: mlawyer
8. Unlock New Opportunities With Doble Nacionalidad Express
Author: DN Express
9. The Role Of Estate Planning In Protecting Family Wealth
Author: Kamal Solanki
10. Trusted Legal Partners: How Our Team Supports Your Success In Hyderabad
Author: Juris
11. Most Trusted Certificate Attestation Services In Dubai, Uae
Author: Prime Global
12. Understanding Will Writing Services And Their Role In Estate Planning
Author: Kamal Solanki
13. Why Professional Will Writing Services Are Essential For Uk Families
Author: Kamal Solanki
14. Quitclaim Deed Form In Maryland
Author: Carl Glendon
15. What Is The Difference Between Trust Amendment And Trust Revocation In Texas?
Author: Carl Glendon






