H-1B Job Switch: Can You Start on the Filing Date or Must You Wait for Approval?

Under H-1B portability rules, a worker changing employers may often begin work once the new employer properly files a non-frivolous Form I-129, or on the petition's stated start date if that is later, rather than waiting for approval. Eligibility requires lawful H-1B status, a filing made before the authorized stay expires, and no unauthorized work since the last admission. Workers should wait until the employer confirms filing and receives a USCIS receipt, and expect a new Form I-9 on day one. Work authorization under portability lasts until USCIS decides the petition, and if denied, the portability basis for employment ends. The guidance is drawn from 8 CFR 214.2(h) and USCIS publications.