Transferring H-1B Lottery to a New Employer Before October

Many workers are surprised to learn that you can move your H-1B lottery selection to a new employer even before the usual October 1 start date. It’s not a simple “transfer” like a normal H-1B change of employer, but in practice you can change jobs if the new company follows the right steps and timing rules.

Big Picture: What “Transferring” a Lottery Selection Really Means

When you are selected in the H-1B lottery with Employer A, that selection gives you one cap-subject H-1B slot for that fiscal year. If you decide to join Employer B before October 1, Employer B can file its own cap-exempt H-1B petition for you based on that same lottery win.

Key points:

• The new filing is not counted again against the H-1B cap.
• It relies on your existing H-1B lottery selection from Employer A.

So you are not going back into the lottery. Instead, you are asking USCIS to approve a new H-1B job using the cap number already assigned to you.

Step 1: New Employer Prepares the Labor Condition Application (LCA)

Before the H-1B petition can be filed, the new employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor using Form ETA-9035.

The LCA promises, among other things, that:

• The job is a specialty occupation that normally requires at least a bachelor’s degree in a specific field.
• You will be paid at or above the required wage for that job and location.
• Hiring you will not harm working conditions for U.S. workers.

The DOL must certify this LCA before it can be used in the H-1B petition. Certification is often fast, but it still adds extra time before the H-1B can be filed.

For official details on H-1B LCAs, employers can review the DOL’s H-1B information page on the Department of Labor website.

Step 2: Filing a New Form I-129 for the Change of Employer

Once the LCA is certified, the new employer files a fresh H-1B petition on your behalf using Form I-129, Petition for a Nonimmigrant Worker. See the official form and instructions at Form I-129.

From USCIS’s perspective, this is:

• A new H-1B petition, filed by the new employer, and
• Cap-exempt, because you were already counted in the cap when Employer A filed and won the lottery.

The filing must include:

• The certified Labor Condition Application
• The completed Form I-129 and H-1B supplements
• Evidence that you were already selected in the H-1B lottery through Employer A
• Standard supporting documents about your job and qualifications

According to analysis by VisaVerge.com, this is often misunderstood: there is no special “lottery transfer” form. The same Form I-129 is used, but filed in a way that makes it cap-exempt.

Step 3: Waiting for the USCIS Receipt Number

After the petition is filed, USCIS will accept the package, open a file, and issue a receipt notice with a receipt number if the petition is properly filed. That receipt number is extremely important.

Current practice allows you to start working for the new employer once you have the USCIS receipt number for the new H-1B change-of-employer petition, even while the petition is still pending — provided that:

• The petition was properly filed, and
• You were already maintaining valid status in the United States 🇺🇸.

Processing times for full approval can vary widely. You and your employer should be prepared for a wait and keep copies of all filings and the receipt notice in case proof of work authorization is needed.

For general information about H-1B rules, USCIS provides an overview on its H-1B specialty occupations page at USCIS H-1B.

Step 4: The Critical Timing Rule Before You Resign

The most sensitive part of this process is timing your resignation from Employer A.

To preserve your cap-exempt status for the new petition:

• The new employer’s Form I-129 must be filed with USCIS before you resign from Employer A.
• Your original H-1B petition must not be revoked or withdrawn by Employer A before the new filing reaches USCIS.

If Employer A withdraws or cancels its H-1B petition before October 1 and there is no properly filed new H-1B petition tied to your lottery selection, you can lose that lottery spot entirely. In that case, you would have to enter a new lottery in a future year.

Because of this risk:

• Do not resign until you have clear confirmation that the new Form I-129 has been filed.
• Many workers wait until they receive the USCIS receipt notice before giving notice, to feel more secure.

Important: If Employer A revokes the petition before USCIS receives the new filing, your lottery selection can be forfeited.

Step 5: What Happens After October 1

If the new petition is pending or approved by October 1, you are then considered counted against the cap with the new employer under the same original lottery selection.

From that point:

• Future H-1B changes of employer should follow the regular H-1B transfer process.
• You will not need another lottery to change employers again, as long as you remain in H-1B status.

The September 21, 2025 $100,000 Supplemental Fee

Be aware of the new $100,000 supplemental fee that applies to certain H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States.

Summary of applicability:

• The fee applies to H-1B petitions filed on or after September 21, 2025 if the beneficiary is outside the U.S.
• If you remain in the United States until USCIS approves your change-of-employer petition and your start date has passed, this extra fee does not apply.

Practical consequence:

• If you are in the U.S. during the pre-October transfer process, it’s often important to stay in the country while the new Form I-129 is processed and your H-1B start date takes effect.
• Leaving the U.S. and trying to process from abroad after that date could trigger the additional $100,000 charge.

Practical Tips for Workers Considering a Pre-October Move

If you’ve won the H-1B lottery selection but are thinking of joining another company before October 1, keep these points in mind:

• Confirm your selection: Make sure you have proof that Employer A’s cap-subject H-1B petition was selected in the lottery.
• Act early: Give the new employer time to file the LCA and prepare the Form I-129 package.
• Do not resign too soon: Wait until the new petition is filed, and ideally until you have a USCIS receipt number.
• Stay in the U.S. if possible around September 21, 2025: Doing so can help you avoid the $100,000 supplemental fee if your case would otherwise be subject to it.
• Keep records: Save copies of both employers’ filings, receipt notices, and LCAs.

Quick Checklist

1. Confirm your lottery selection with Employer A.
2. New employer files and obtains certified LCA (Form ETA-9035).
3. New employer files Form I-129 with supporting evidence, showing cap-exempt status.
4. Wait for USCIS receipt notice — consider this the safest point to resign.
5. Remain mindful of the Sept 21, 2025 fee rule if travel/processing abroad is contemplated.

Moving your H-1B case before October 1 is possible, but it depends on careful timing, a properly filed Labor Condition Application, and a complete, cap-exempt Form I-129 from your new employer. When done correctly, you can change jobs and keep your hard-won H-1B lottery selection without having to gamble on the lottery again.