My H1B change-of-employer petition has been filed. Can I begin working for the new employer before the petition is approved?

Answer

An individual who is eligible for H1B portability generally may begin working for the new employer once USCIS receives and accepts for processing a properly filed, nonfrivolous petition. Portability is not available in every situation, however, and beginning employment before approval carries risk if the petition is later denied. The filing and the individual’s status history should be reviewed before employment begins. (Oct.13.2026)

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