Can I change jobs on an H-1B visa?
I’m on H-1B with Company A. I-797A valid through Aug 31, 2025; new I-797A already approved for Sept 1, 2025–Aug 31, 2028. Work environment is toxic; I want to switch. I thought if I quit now, I’d have to leave by Aug 31, 2025 because 60-day grace vs. status end. I considered filing B-2 to be safe. But my latest I-94 shows “Admit Until: Sept 10, 2025.” Can I lawfully stay without a job until Sept 10? Do I still get 60 days, or must I leave Aug 31 or Sept 10, or file B-2?
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Best to remain employed with current H-1B sponsor until a new employer files an I-129 transfer and it’s approved. Premium Processing can speed this up. If you leave A and B is later denied (and A won’t rehire), you could be in trouble. You generally get a 60-day grace period as long as the I-94 hasn’t expired—but avoid relying on it if you can.
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I have an immigration question.
Lexi, Chatbot
I understand immigration issues can be stressful. What type of question?
Switching jobs on H-1B.
Lexi, Chatbot
Are you in the U.S. or abroad?
In the U.S.
Lexi, Chatbot
Anything else the immigration lawyer should know?
No.
Guillermo Senmartin
Hi! I’m a U.S. immigration attorney (27+ years). What would you like to know about switching jobs and maintaining H-1B status?
I’m on H-1B with Company A. I-797A valid through Aug 31, 2025; new I-797A already approved for Sept 1, 2025–Aug 31, 2028. Work environment is toxic; I want to switch. I thought if I quit now, I’d have to leave by Aug 31, 2025 because 60-day grace vs. status end. I considered filing B-2 to be safe. But my latest I-94 shows “Admit Until: Sept 10, 2025.” Can I lawfully stay without a job until Sept 10? Do I still get 60 days, or must I leave Aug 31 or Sept 10, or file B-2?
Guillermo Senmartin
Best to remain employed with current H-1B sponsor until a new employer files an I-129 transfer and it’s approved. Premium Processing can speed this up. If you leave A and B is later denied (and A won’t rehire), you could be in trouble. You generally get a 60-day grace period as long as the I-94 hasn’t expired—but avoid relying on it if you can.
The environment is extremely toxic. I’m planning ahead in case I quit or get fired. How many days do I have—Aug 31, Sept 10, or 60 days from termination?
Guillermo Senmartin
If you’re still maintaining H-1B now, no need to change to B. Have the new company file an I-129; upon proper filing/receipt you may start with them (with some risk) or wait for approval (safer).
I’m planning ahead to quit or be terminated and want to retain lawful presence.
Guillermo Senmartin
If your I-94 is unexpired when employment ends, you have up to 60 days (or until I-94 expiry, whichever comes first) to:
- Get a new employer to file an I-129 before the 60 days end (you can remain while it’s pending; work on receipt is possible but carries risk—safer after approval), or
- File an I-539 to change status (e.g., to B-2). You can stay while the I-539 is pending.
If the 60 days pass without a filing, a later H-1B petition can be filed but likely consular processing (you’d leave, get a visa, and reenter) unless you’re in another valid status and can change back.
Thanks.
Guillermo Senmartin
You’re welcome! Reach out if you need more detail.
Guillermo Senmartin
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