Key Takeaways
- H-1B transfer lets you work immediately once filed
- Changing to B-2 buys time but no work authorization
- Get an immigration attorney consultation ASAP
Your Immigration Options
"Can I transfer my H-1B to a new company?" — Yes, and this is usually the best path.
Option 1: H-1B Transfer (Best Option)
If you find a new employer willing to sponsor your H-1B:
| Feature | Details |
|---|---|
| Timeline | Can file anytime |
| Work authorization | Can START WORKING once transfer is filed |
| Cost to you | Usually $0 (employer pays) |
| Standard processing | 2.5-4 months |
| Premium processing | 15 business days ($2,805) |
Key insight: You don't have to wait for approval to start working. Once the petition is filed, you can begin.
2025 Filing Fees (for reference):
| Fee Type | Amount |
|---|---|
| Basic Filing Fee | $460 |
| Anti-Fraud Fee | $500 |
| Asylum Program Fee | $600 |
| Premium Processing | $2,805 |
| NEW: $100,000 Fee | For new petitions filed after Sept 21, 2025 |
Warning: The $100,000 fee applies to NEW petitions. Transfers of existing H-1B status may be exempt if filed before the effective date. Consult an immigration attorney.
This is why finding a job quickly is the best solution.
Option 2: Change of Status
If you can't find a job in time:
| Status | What It Allows | Limitations |
|---|---|---|
| B-2 (visitor) | Stay in US, buy time | NO work allowed |
| H-4 (dependent) | Stay if spouse is H-1B | Work only if H-4 EAD approved |
| F-1 (student) | Stay and study | Must enroll in program |
B-2 Reality Check:
- Approval is not guaranteed
- Must show non-immigrant intent (you plan to leave)
- Duration: typically 6 months
- Absolutely no work allowed
Option 3: Return Home (Strategic Choice)
Returning home is not failure. It can be strategic:
| Benefit | Explanation |
|---|---|
| Maintain clean record | No overstay, no problems |
| Return later | Can apply for new visa |
| Remote work possible | Some jobs allow international work |
| Reduce stress | Eliminate immigration pressure |
Option 4: Self-Sponsorship (NEW for 2025)
The January 2025 H-1B modernization rules now allow entrepreneurs to self-sponsor, even with 100% company ownership.
Requirements:
- Business must be a distinct legal entity (not sole proprietorship)
- Must prove employer-employee relationship (board can hire/fire you)
- Position must meet specialty occupation requirements
- Must pay yourself prevailing wage
- Must demonstrate legitimate business purpose
Limitations:
- Initial approval for 18 months only (vs. 3 years for traditional H-1B)
- Still subject to annual cap and lottery
- Complex—requires immigration attorney
Other Options
- O-1 visa for extraordinary ability
- EB-1 or EB-2 NIW for permanent residence
- EB-5 investor visa ($800,000-$1.05M investment)
Warning: These paths are complex and require an immigration attorney. Not recommended without professional guidance.
Immigration Attorney: Strongly Recommended
| Situation | Recommendation |
|---|---|
| Simple H-1B transfer | May not need attorney |
| Multiple options to evaluate | Get consultation |
| Close to 60-day deadline | Get consultation |
| Complex history (gaps, violations) | Definitely need attorney |
| Change of status needed | Definitely need attorney |
Cost: $200-500 for initial consultation. Worth it for peace of mind and expert guidance.
Finding H-1B Sponsors Quickly
| Strategy | Notes |
|---|---|
| Focus on large companies | More likely to sponsor |
| Use LinkedIn "willing to sponsor" filter | Not perfect but helpful |
| Contact previous H-1B sponsors | Check your industry |
| Staffing/consulting companies | May sponsor faster |
| Your network | Referrals help everywhere |
H-1B Day 10
Tech worker on H-1B, Day 10 of grace period, panicking
Setup
A tech worker on H-1B is on Day 10 of their 60-day grace period. They haven't had any interviews yet and are panicking about what will happen if they can't find a job in time.
Client says:
“I'm on Day 10 of my grace period and I'm freaking out. I've applied to maybe 30 jobs but haven't heard back from anyone. What if I can't find a job in 50 days? I've lived here for 8 years—everything I have is here. My wife is on H-4. If I have to leave, what happens to our apartment, our car, our whole life? I can't sleep. What are my options?”
Practice Objectives
- 1Acknowledge the stress while providing calm, factual information
- 2Explain H-1B transfer can happen quickly with right employer
- 3Discuss backup options (B-2, departure planning)
- 4Recommend immigration attorney consultation
- 5Help prioritize immediate actions
If an H-1B transfer petition is filed with a new employer, when can the employee start working?