H-1B Transfer Process: Offer Letter to Receipt Notice

You have a signed offer letter in hand. Your current H-1B is with Employer A, the new one is with Employer B, and you want to know exactly when you can start billing hours for the new company without putting your status at risk.

The good news: the law gives you an answer. It is called H-1B portability, and it does not require you to wait for an approval. But it does require the filing to be done correctly, in the right order, with the right evidence. Skipping a step or filing before the pieces are ready is the most common way consultants delay their own start date.

Here is the real sequence, start to finish.

Step 1: The Offer Letter and Internal Scoping

Before any government paperwork exists, the new employer's immigration team (often a vendor's in-house counsel or outside law firm) needs the basics: your current I-797 approval notice, your most recent pay stubs, your degree evaluation if you were educated outside the US, and the job description for the new role.

This is also the stage to confirm the worksite location, because that location drives the next step — the Labor Condition Application.

Step 2: Labor Condition Application (LCA) Filing and Posting

The employer files Form ETA-9035 with the Department of Labor through the FLAG system. The LCA states the job title, the worksite, the wage level, and the prevailing wage determination for that location.

Two things happen in parallel once the LCA is filed:

• The employer must post the LCA at the actual worksite (physically or electronically) for the required notice period, typically for at least 10 business days, so that current employees can see the terms.
• The DOL reviews the filing for completeness. Certification is usually administrative rather than substantive — the DOL is checking the form, not re-litigating the job offer.

Processing time for LCA certification varies. Do not assume a fixed number of days; check the current FLAG system status or ask your attorney for the live estimate.

Step 3: Assembling Form I-129 and the H Supplement

Once the LCA is certified, the employer's counsel builds the I-129 petition package. For a transfer, this typically includes:

• Form I-129 and the H Classification Supplement
• The certified LCA
• A detailed support letter describing the role, duties, and how they qualify as a specialty occupation
• Your current I-797 approval notice and I-94 record
• Your degree and any required credential evaluation
• Evidence of the employer-employee relationship, which matters more for consulting placements with end-client worksites — expect requests for a client letter, statement of work, or organizational chart

Because this is a change of employer rather than a new cap-subject petition, there is no H-1B registration or lottery step. The transfer can be filed at any time of year and is not numerically capped.

Step 4: Filing and the Receipt Notice

The petition is filed with USCIS, either by mail to the correct service center or electronically where available. The moment USCIS properly receives the filing — meaning the fee is accepted and the case is logged into the system — it issues an I-797C receipt notice.

This receipt notice is the document that matters most for your transition date. Under INA 214(n) and AC21 Section 105, H-1B portability allows you to begin working for the new employer once the new petition has been filed and is non-frivolous, without waiting for approval.

Two conditions have to be true at that moment:

• You must already be in valid H-1B status, having been lawfully admitted
• The new petition must be filed before your current authorized stay expires

If both are true, the receipt notice — not the approval notice — is your evidence that you may start. Many consultants keep a copy of the receipt notice on hand for the client's badge office or onboarding team for exactly this reason.

What Portability Does Not Do

Portability lets you start work. It does not guarantee the petition will ultimately be approved. If USCIS later denies the case, your work authorization under that filing ends, and your options depend on your underlying status at that point. This is a known risk in every transfer, and it is one more reason to have an attorney review the petition before it goes out the door, not after.

H-1B Transfer Timeline at a Glance

Practical Notes for Consulting Placements

• End-client vendor onboarding teams often want to see the receipt notice, not just the offer letter, before activating a badge or laptop access. Build that lag time into your start-date planning.
• If you are moving between staffing firms rather than directly to an end client, make sure the support letter reflects the actual reporting structure and the right-to-control factors USCIS looks for.
• Keep your own copy of every notice — the LCA, the receipt, and eventually the approval. You will need them again for the next transfer, an extension, or an H-4 dependent filing.

This article explains the general mechanics of an H-1B transfer. It is not legal advice, and your specific timeline, documentation needs, and risk tolerance should be reviewed with a licensed immigration attorney before you give notice to your current employer.

If you are weighing a move and want to understand how the paperwork and timing might line up with a specific opportunity, the team at Josh Pros LLC is glad to talk it through — reach out at contact@joshpros.com or visit https://joshpros.com.

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This is general information, not legal advice. Immigration rules change and outcomes depend on your individual circumstances. Confirm anything that affects your case with a licensed immigration attorney.

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