Maintaining H-1B Status While Changing Employers

Question details

I am working for my employer in H-1B status, but another company has offered me a better position. Can I just transfer to the new company with my H-1B approval?

ANSWER

When an H-1B foreign worker would like to change employers and continue to maintain his or her current H-1B status, an I-129 petition must be submitted to USCIS by the new employer or its representative. The forms in this case will be treated as a new petition and will require the appropriate filing fees.

Nonimmigrant Visas