Can I Change Jobs Before Starting My H1B?

If your H-1B visa is approved but the start date hasn't arrived yet (i.e., it starts on October 1), you technically can change jobs before your H-1B employment starts. However, there are important things to consider and steps you need to follow to ensure the transition is handled properly.

Here’s what you need to know:

1. The H-1B Visa Approval and Job Change Process

• Your H-1B approval is tied to a specific employer and job position. If you want to change employers before your H-1B starts on October 1, the new employer will need to file a new H-1B petition for you.

• The H-1B petition is employer-specific, meaning that once you change employers, the new employer must submit an H-1B transfer petition (though technically it’s not a ""transfer"" but a new petition). This petition must be approved before you can start working for the new employer under H-1B status.

2. H-1B Transfer Process

• If your new employer wants to hire you and sponsor your H-1B, they must submit a new H-1B petition to the USCIS. This petition can be filed before October 1, and you can start working for the new employer as soon as the petition is filed and the USCIS issues a receipt notice, allowing you to begin working even before the petition is fully approved.

• Once your new employer’s petition is approved, you will be able to start working with them on the October 1 start date (or sooner if the transfer petition is approved before that date).

3. Important Considerations Before Changing Jobs

• Start Date of H-1B: If you want to start with a new employer before your approved H-1B start date (October 1), the new employer must file the petition before that date, and USCIS must accept it. You can begin working once the new H-1B petition is filed, but you must make sure the process is handled carefully to avoid any gaps in employment.

• Timing: If you decide to change jobs before your H-1B begins on October 1, timing is crucial. If your previous employer has withdrawn your approved H-1B petition (or you resign before starting), and the new employer hasn’t filed their H-1B petition yet, you may lose your H-1B status. You need to ensure that there’s no lapse in employment authorization between your jobs.

• USCIS Approval and Job Offer: It is essential that the new employer files a new H-1B petition and that the petition is accepted before you start with the new employer.

4. Change of Employers After H-1B Start Date (October 1)

• If you change employers after your H-1B status has started on October 1, the new employer can submit the H-1B transfer petition, and you can continue working with the new employer as soon as USCIS issues a receipt notice.

5. Consulting with an Immigration Attorney

• Changing jobs before your H-1B start date can be complicated, and you should consult with an immigration attorney to ensure that the job change is done according to the regulations. They can guide you through the process and ensure that you maintain your status while switching employers.

Summary:

Yes, you can change jobs before your H-1B starts on October 1, but the new employer must file a new H-1B petition for you. You can only start working for the new employer once the new petition has been filed and accepted by USCIS. You should carefully time the process and, if necessary, consult with an immigration attorney to avoid any issues with your visa status.