H-1B Transfer After a Layoff
Questions and documents to prepare if a new employer may file a transfer petition. Timing relative to your last day can matter — confirm with an attorney.
Written by Deepak Updated September 24, 2026
Immigrant with nearly 20 years of U.S. experience Reviewed against official guidance
Can I transfer my H-1B to a new employer after a layoff?
Yes — a new employer can file an H-1B transfer (a new petition) for you. Under H-1B portability (INA 214(n), AC21 §105), you may begin work for a new employer once USCIS receives a non-frivolous change-of-employer petition. You do not have to wait for approval. The Form I-797C receipt noticeis the document that evidences this, so ask the new employer's attorney to send it to you the day it arrives. Many employers apply a stricter internal policy and will not let you start before approval — ask which rule they follow before you accept the offer.
The key is timing: the petition generally needs to be filed within your grace period(up to 60 days) while you're still in valid status.
Your grace period runs from the cessation of the employment your status was based on. That is often a different date from your final day actually working, your last day on payroll, the end of any severance, and your benefits end date. Confirm the exact cessation date with your employer in writing before you plan around it.
The grace period protects your lawful status. It does not authorize you to work. You cannot be employed or paid for work during it — including contract, freelance or unpaid-then-backpaid arrangements — until a new petition is filed and you are authorized to begin.
Ask the new employer to file quickly and consider premium processing (Form I-907), which commits USCIS to take action within 15 business days for an extra fee — $2,965 for an I-129 H-1B petition since March 1, 2026 (8 CFR 106.4). The employer pays it on top of the ordinary filing fee and it cannot be waived, so it is worth asking early whether they will. Because the interaction between your cessation date, I-94 validity, and the filing window is fact-specific, confirm your exact situation with an immigration attorney before relying on portability.
- Estimated time
- File within your grace period (up to 60 days)
- What you need
- A new employer, most recent I-797/I-94, pay stubs
Questions to discuss with an attorney
- Can a new employer file a transfer petition, and how does timing interact with my grace period?
- Should the petition be filed with premium processing ($2,965, 15 business days), and will the employer pay it?
- Does anything about my situation put this petition inside the $100,000 payment restriction — for example a request for consular notification rather than a change of status inside the United States?
- Can I begin work once USCIS receives the petition, before approval, and under what conditions?
- How does my current I-94 validity affect the filing window?
- What happens to my dependents' status during a transfer?
Documents to have ready
- Most recent I-797 approval notice(s) and current I-94.
- Recent pay stubs and W-2.
- Updated resume and the new job offer details.
- Passport and visa stamp pages.
- Any I-140 approval notice and priority date details.
Widen the search: cap-exempt employers
Cap-exempt employers. Universities, their affiliated nonprofits, and nonprofit or government research organisations are cap-exempt. They can file an H-1B petition at any time of year with no lottery. For someone working against a 60-day window this is the most underused route on the list, and it is worth searching for cap-exempt roles in your field alongside your normal search.
How to find companies that sponsor H-1B visas
Two federal datasets record who has actually petitioned, both free and both public. Use the Department of Labor's LCA disclosure file as your working list — it is current to FY2026 Q3, and it carries the job title, the SOC code, the worksite and the wage, which is what lets you filter it down to roles you could actually do. Use the USCIS Employer Data Hub to sanity-check volume for a specific employer.
DOL LCA disclosure data — start here
A spreadsheet of every Labor Condition Application decided in the period, currently FY2026 Q3 — determinations issued 1 October 2025 to 30 June 2026. Open it in Excel or Sheets and filter on four columns:
SOC_CODE— your occupation — filter on the code, not the free-text job titleWORKSITE_CITY / STATE— where the job is, not where the company's post is deliveredCASE_STATUS— certified cases onlyNEW_EMPLOYMENT / CHANGE_EMPLOYER— the most useful column for you — it marks employers who petitioned for someone new or took a transfer
USCIS H-1B Employer Data Hub
Searchable by fiscal year, employer, city, state, ZIP and NAICS, covering fiscal year 2009 through fiscal year 2026 (quarter 3). It shows fiscal year, employer, initial approvals and denials, continuing approvals and denials, naics code, the last four digits of the tax id, and the employer's state, city and zip.
Two things to know. Its location fields are the employer's mailing address— USCIS states plainly that this “is not necessarily the beneficiary(ies) work location” — so you cannot use it to find sponsors near you. And the bulk CSV download page is archived at FY2023; only the interactive tool has the recent years.
USCIS data hub ↗What this data does not prove
This is the part that matters most when you are working against a clock, because a list of past filings looks far more like a list of opportunities than it is. A filing is a record of something an employer once did. It is not evidence of an open role, a current budget, or any willingness to sponsor you now. Four regulatory facts behind that:
Certification is a completeness check, not a verification that a job exists (20 CFR 655.730(b))
DOL states it will not certify incomplete or obviously inaccurate applications and will usually decide within seven working days. That tests the form, not the vacancy behind it.
One filing can cover several unfilled positions, and names nobody (20 CFR 655.730(c)(5))
An LCA may cover more than one intended position within an occupation, and no beneficiary is named on it at all. A large filing count can be one speculative application, not many hires.
It can be filed six months before anyone would start (20 CFR 655.730(b))
An LCA may be submitted up to six months before the intended start of employment, so a recent filing is not evidence of a role open now.
An LCA confers no right to work (20 CFR 655.705(c)(4))
The employer may not let the worker begin until DHS grants work authorisation — or, for someone already in H-1B status moving to a new employer, until the new employer files a non-frivolous Form I-129.
Note also that USCIS's figures reflect only its first decision on a petition — appeals and revocations are excluded, and petitions still pending when the data was generated do not appear at all. Treat both datasets as a way to build a target list worth researching, never as a shortlist of employers who will sponsor you.
Largest H-1B sponsors by initial approvals, FY2023
Computed directly from the official USCIS FY2023 data file — the most recent one USCIS publishes as a bulk download. The interactive hub runs three years further forward, so read this as a picture of who petitions at scale rather than as current hiring.
| Employer | Initial approvals | Initial denials | Continuing approvals |
|---|---|---|---|
| Cognizant Technology Solutions US Corp4 tax IDs merged | 1,059 | 16 | 2,918 |
| Infosys Limited2 tax IDs merged | 733 | 38 | 2,716 |
| Tata Consultancy Services Ltd5 tax IDs merged | 679 | 39 | 3,098 |
| Capgemini America Inc2 tax IDs merged | 579 | 12 | 848 |
| IBM Corporation3 tax IDs merged | 321 | 9 | 765 |
| HCL America Inc2 tax IDs merged | 317 | 25 | 1,096 |
| Tech Mahindra Americas Inc2 tax IDs merged | 312 | 2 | 404 |
| Amazon.com Services LLC5 tax IDs merged | 259 | 14 | 4,317 |
| LTIMindtree Limited | 232 | 1 | 600 |
| Wipro Limited3 tax IDs merged | 186 | 27 | 720 |
| The Devereux Foundation | 167 | 1 | 49 |
| The Leland Stanford Jr University | 146 | 0 | 108 |
| UST Global Inc | 130 | 2 | 147 |
| Atos Syntel Inc | 122 | 3 | 238 |
| Mindtree Limited | 118 | 2 | 137 |
Source: USCIS H-1B Employer Data Hub, FY2023 data file. USCIS publishes one row per employer address and a single company can hold several tax IDs, so these figures sum initial approvals by employer name; the note under each name shows how many tax-ID fragments were merged. "Continuing approvals" are extensions and amendments for people already working there — a high continuing count next to a low initial count describes an employer maintaining a workforce rather than adding to it.
How this fits your 60-day window. Building a target list is week-one work, not week-six work, because the constraint is filing time rather than search time. Work the list in parallel with everything else: check your exact deadline against the countdown tool, work through the action plan, and reach people directly rather than only applying — a short, specific message that names your visa status and your timeline saves everyone a round of questions and filters out employers who were never going to sponsor.
Sources & methodology
Every legal statement on this page is traceable to the regulation, statute, court order or agency guidance below, and each source carries the date it was last re-read. Immigration rules change and outcomes depend on facts this page cannot see — confirm your own position with a licensed immigration attorney before acting.
- 8 CFR 214.1(l) — Period of stay (grace periods) — Electronic Code of Federal RegulationsThe up-to-60-day grace period, the classifications it covers including H-1B, the “may not work during such a period” limitation, and DHS discretion to shorten or eliminate it. · Last verified Sep 22, 2026
- INA 214(n) / 8 U.S.C. 1184(n) — nonimmigrant employment authorization (AC21 §105 portability) — U.S. Code (Office of the Law Revision Counsel)H-1B portability — that a worker may begin employment with a new employer once USCIS receives a non-frivolous change-of-employer petition, without waiting for approval. · Last verified Sep 22, 2026
- Options for Nonimmigrant Workers Following Termination of Employment — U.S. Citizenship and Immigration ServicesUSCIS's own summary of the options available to nonimmigrant workers after a termination of employment. · Last verified Sep 22, 2026
- "Eliminating the Discretionary 60-Day Grace Period" — notice of proposed rulemaking, 91 FR 57807 (RIN 1615-AD22, document 2026-18631), published September 11, 2026 — Federal Register (DHS / USCIS)The proposed elimination of the grace period — 91 FR 57807, RIN 1615-AD22, document 2026-18631, published September 11, 2026, comments close November 10, 2026. A proposal only; it has no effective date. · Last verified Sep 22, 2026
- 8 CFR 106.4 — premium processing service fees and timeframes — Electronic Code of Federal RegulationsThe current premium-processing fees — $2,965 for an I-129 H-1B petition and for an I-140, $1,780 for an I-765 and $2,075 for an I-539 — and the 15 business days timeframe, as raised effective March 1, 2026. · Last verified Sep 24, 2026
- Proclamation 11069 — Restriction on Entry of Certain Nonimmigrant Workers (91 FR 60497, signed September 18, 2026) — Federal Register (Executive Office of the President)That a proclamation imposing the $100,000 payment on certain new H-1B petitions is in force, that Proclamation 11069 extended it for twelve months to September 21, 2027, and the terms of the restriction itself. · Last verified Sep 24, 2026
- State of California v. Mullin, No. 1:25-cv-13829 (D. Mass. June 8, 2026) — memorandum and order on cross-motions for summary judgment — U.S. Government Publishing Office (govinfo)The judgment that granted the plaintiff states summary judgment, declared the agency policy implementing the proclamation's $100,000 payment unlawful, and vacated it in its entirety. The court vacated the agency guidance, not the proclamation. · Last verified Sep 24, 2026
- H-1B Specialty Occupations — USCIS statement on the $100,000 payment and the court order — U.S. Citizenship and Immigration ServicesUSCIS's own description of who the $100,000 payment reaches and does not reach, and its statement that it is complying with the vacatur while its appeal is pending. · Last verified Sep 24, 2026
- "Fee for Certain H-1B Petitions" — notice of proposed rulemaking, 91 FR 54817 (RIN 1615-AD20, document 2026-17324), published August 25, 2026 — Federal Register (DHS / USCIS)The proposed $103,265 fee on cap-subject H-1B petitions — a notice of proposed rulemaking whose comment period closed September 24, 2026. No final rule; nothing is payable under it. · Last verified Sep 24, 2026
Related resources
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Immigration outcomes depend on your specific status, history, and facts, and the rules change. This page is educational only and is not legal advice. Confirm everything with a licensed immigration attorney or official USCIS guidance before acting.
Educational content only. LayoffNext does not provide legal, financial, tax, insurance, employment, immigration, unemployment, investment, or mental health advice. Always consult a licensed professional or official government source for guidance specific to your situation.

Deepak Middha is the founder of LayoffNext and a Chartered Accountant (ICAI, India). A U.S. immigrant with nearly 20 years of experience — and 17 years in hedge fund and private equity administration, including as Vice President of Fund Accounting at NAV Fund Administration Group and Associate Director of Private Equity and Real Estate at SS&C Technologies — he builds free, plain-language layoff tools and guides for employees, H-1B workers, and immigrant families.
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