Changing jobs is a significant decision under any circumstances. On a work visa, it carries legal implications that can affect your immigration status, your path to permanent residency, and your ability to remain in the United States. It is possible to change employers while on a work visa, but the process depends on your visa type, the timing, and whether you follow the correct legal steps.
At Kriezelman Burton & Associates, LLC, our immigration attorneys have been helping work visa holders through employer transitions since 1974. We can evaluate your situation and help you do the same.
The American Competitiveness in the Twenty-First Century Act (AC21) provides protection for workers who need to change employers while their green card application is pending. Under AC21’s portability provisions (INA 204(j)), you may “transfer” your approved Form I-140 petition to a new employer without losing your priority date, provided the following conditions are met:
This means that years of waiting for a visa number do not necessarily have to restart simply because you found a better job opportunity. However, the “same or similar” requirement is evaluated carefully by USCIS, which considers job duties, required skills, educational background, and Standard Occupational Classification (SOC) codes when making its determination.
If you hold an H-1B visa and receive a new job offer, your new employer must file an H-1B petition with USCIS before you begin work. There are a few important points to understand about the transfer process:
The H-1B transfer process requires careful coordination between you, your new employer, and an experienced immigration attorney.
One of the most common and consequential mistakes work visa holders make during an employer transition is allowing their lawful status to lapse even briefly. To protect your status during any employer change:
Even a short period of unauthorized employment can have serious consequences, including bars on future immigration benefits and complications in removal proceedings.
Switching employers on a work visa is more than an HR matter; it is a legal one. A misstep at any stage of the process can jeopardize your status, your pending applications, and your long-term goals in the United States.
The attorneys at Kriezelman Burton & Associates, LLC have decades of experience in employment-based immigration, H-1B visas, and more. We are committed to finding the best possible path forward for each of our clients. If you are ready to make your next career move in the U.S. with confidence, contact KB&A at 312-332-2550 or schedule a consultation with us online. We can review your situation, explain your legal options, and help you move forward.
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
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