How to Change Employers When You Have an H1-B Visa
January 21, 2026

Switching jobs under the H1-B visa program can feel stressful, especially if it’s your first time thinking about moving to a new company. With paperwork, timelines, and legal rules to think about, it’s easy to worry about making the wrong move and risking your status. We’ve worked with a lot of people in this same position, so we understand how confusing it can feel. That’s why it helps to know what to expect before you start reaching out to new employers.
If you're in Las Vegas, Henderson, or nearby, and considering new work for the new year, this guide can help you understand what the H1-B visa allows and how to move forward with a smart plan. At the Law Offices of Ariadne Berrios, our business visa services support professionals and employers with H1-B sponsorships as well as other employment-based options, including categories like EB-1, EB-2, TN, and E visas.
The H1-B visa is tied closely to both your job and your employer. That means you can’t just leave your position and start working somewhere else without updating your paperwork. Your visa was approved based on the job you hold now with your current company, and any changes, like switching roles or employers, require a new petition.
Here’s what that usually means:
• You must stay in a job that's considered a "specialty occupation" needing a degree or specific skills
• You need the new employer to file paperwork with the government before you begin working with them
• You can’t legally start the new job until that petition is filed and accepted
We try to remind people that staying informed about your visa type helps you avoid accidental missteps, like starting too soon or skipping steps. The consequences can be serious for your legal status, so it’s worth moving carefully.
Once you're ready to look for a new job, it's a good idea to think about what kind of positions still qualify under the H1-B visa program. Not every company hires for the types of roles that match this visa, so it helps to ask the right questions early.
When talking with potential employers, try asking:
• Are you familiar with hiring H1-B workers?
• Do you offer visa support, like handling transfers or filings?
• Do you have legal help or HR reps who manage immigration paperwork?
These types of questions aren’t always easy to ask, but knowing if the company is prepared can save you trouble down the line. In some areas near Pahrump or Laughlin, where there are smaller companies, this might take a little more legwork. But it’s always better to know upfront before making big decisions.
Once you’ve received a job offer from a company that is ready to support your visa, the next step is filing a new H1-B petition. This basically tells the government that you're changing jobs but staying within the guidelines of your existing visa. The good news is that a visa transfer doesn't count against the cap if you're already working under H1-B status.
Here’s what this process usually includes:
1. The new employer prepares and submits the petition
2. You gather documents like your current visa, pay stubs, passport, and job details
3. You let your current employer know once it's time to resign
A common question we get is: "When can I start working at the new job?" The answer is this, once the new employer receives the official receipt notice from the government, you're allowed to begin your new role. This timing is important, especially if your new company expects you to start right away. Always wait for that receipt notice.
The transfer process can run into problems if key steps are skipped or delayed. And during holidays and office closures, things often take more time than you expect.
Some things to keep an eye on:
• Mistyped info in documents can cause delays or even denials
• Traveling internationally before everything is approved may cause problems at reentry
• Letting your current job end too early could create a gap in your legal status
We always recommend that people avoid booking international flights while a petition is pending. It may make reentry tricky or delay your ability to begin the new role. And stay in close contact with both your current and future employers so no surprises pop up.
Sometimes plans fall through. A job offer might be withdrawn, or maybe your new job ends sooner than expected. If this happens, it's still possible to stay in the U.S., but you’ll need to act fast.
Here’s what you should know:
• The standard grace period after losing an H1-B job is up to 60 days or until your visa expires, whichever comes first
• During that time, you can look for a new job and have another employer file a new petition
• If you're not sure what to do next, getting legal help before your grace period runs out can make a big difference
It’s never fun to think about plans falling apart, but knowing your options upfront can make a stressful time feel a little more manageable.
Changing jobs while on an H1-B visa isn’t impossible. It just takes planning, patience, and timing. Once you know how the process works and what’s needed from both sides, it becomes much easier to make informed choices.
For anyone thinking about fresh starts in 2026, this may be a great time to review career goals and decide if a new job feels right. With the right paperwork in place, moving to a new role can open up new possibilities, without putting your legal status at risk.
At the Law Offices of Ariadne Berrios, our bilingual team in Las Vegas and Puerto Rico supports business immigration clients across the United States, including professionals changing jobs on H1-B and other employment-based visas. We’ve helped professionals throughout Las Vegas navigate transfer timelines, paperwork, and job transitions without missing a step. Whether you are just starting your search or already holding a new offer, we can help you stay in compliance while moving forward. Let the Law Offices of Ariadne Berrios guide you through the details of the H1-B visa program with clarity and confidence. Contact us to talk about your options.