What are the restrictions on H-1B visa holders changing jobs?

1. How the rulebook works: employer‑specific status and new petitions

An H‑1B approval is employer‑specific and position‑specific: the visa allows work only for the employer who filed the approved petition and for the job described in that petition ^[3]. To work for a different employer, that employer must submit a new Form I‑129 H‑1B petition on the worker’s behalf; this is commonly called an “H‑1B transfer,” although lawyers note there is no literal visa transfer — it’s a new petition for the beneficiary ^{[6] [7]}. USCIS guidance confirms that the employer must establish a bona fide specialty‑occupation position and that the petition corresponds with the Labor Condition Application ^{[8] [9]}.

2. When you can start the new job — and the risk if the petition is denied

USCIS and multiple guides explain a key practical rule: if a new employer properly files a non‑frivolous H‑1B petition, the beneficiary may begin working for that employer upon filing (or as of the petition’s requested start date), rather than waiting for approval ^{[1] [10] [11]}. However, if the new petition is later denied, the worker must stop working immediately and may become out of status — meaning the ability to start on filing carries risk ^{[5] [12] [2]}. Advisers differ about caution: some recommend waiting for approval, others note statutory portability allows work upon proper filing ^{[12] [1]}.

3. Cap exposure: the hidden trap for cap‑exempt workers

Workers employed by cap‑exempt employers (universities, certain nonprofits, research orgs) can be hired any time, but if they move to a cap‑subject employer they may become subject to the annual H‑1B cap and lottery — i.e., they might need a cap‑subject petition to retain status or obtain a new H‑1B slot ^[3]. That’s an important restriction often overlooked by employees who assume any H‑1B job change is straightforward ^[3].

4. Amendments, worksites and material changes: when a “change” requires paperwork

Not every internal change triggers a new employer petition, but “significant” changes — new job duties, salary reductions, or a new worksite outside the normal commuting area — typically require an amended or new I‑129 and possibly a new LCA (Labor Condition Application) ^{[4] [13]}. Institutions like UCSF explicitly warn that moving remote or to a distant city can require an H‑1B amendment; failure to file when required creates compliance risk ^[4].

5. Duration, extensions, and job portability with immigrant petitions

H‑1B portability rules intersect with green‑card processing. Workers with an approved I‑140 or an I‑485 pending for 180+ days have additional “portability” options under INA 204(j), allowing some moves to preserve priority dates or extend status beyond standard limits — but those rules are technical and require meeting specific conditions ^{[11] [1]}. Sources advise consulting counsel when an immigrant petition is involved ^[11].

6. Practical tips and disputes in reporting

Practical guidance varies: some immigration advisories recommend not starting until approval to avoid status loss, while USCIS and other sources emphasize the portability rule allowing work upon proper filing ^{[12] [1]}. Critics of the H‑1B program argue the employer‑specific nature reduces worker mobility and creates pressure that resembles dependency on sponsors; proponents and DHS rule changes counter that recent reforms increase flexibility and program integrity ^{[10] [8]}. Available sources do not mention specific state‑level rules or real‑time changes after the cited DHS/USCIS updates unless noted above (not found in current reporting).

7. Bottom line for H‑1B workers considering a move

You can change employers, but do not treat the process as automatic: ensure the new employer files a proper H‑1B petition (and LCA), confirm whether the move makes you subject to the cap, check whether your role or worksite requires an amendment, and weigh the tradeoff between starting on filing vs. waiting for approval given the denial risk ^{[2] [3] [4] [12]}. If you have an approved I‑140 or pending adjustment, get specialized advice because portability and extensions introduce extra options and requirements ^{[11] [1]}.