Employer · May 28, 2026 · 4 min read
H-1B Transfer Portability: AC21 & Same-Status Rules
Change-of-employer transfers let candidates start work after USCIS receipt when portability requirements are met. Employers still need a new LCA and I-129 for the new worksite.
H-1B change-of-employer petitions allow qualified beneficiaries to port to a new employer upon USCIS receipt under AC21, if they were lawfully admitted, the new petition is non-frivolous, and the new employer filed before the prior status expired.
Employer action items
- File a new LCA for the actual worksite before or with the I-129 petition.
- Collect last 3 months of pay stubs and prior I-797 approvals from the candidate.
- Confirm specialty occupation and wage level for the new role — transfers face the same scrutiny as new petitions.
- Do not assume portability without counsel review of status and gap days.
File an H-1B transfer
Flat-fee change-of-employer petitions with lawyer review.
Transfer guides by cityThis article is for informational purposes only and is not legal advice. Immigration rules change frequently — consult qualified counsel for your case.