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H-1B visa holders residing and working in the United States can change jobs without applying for new H-1B visas by transferring their existing status to a new employer. In order to qualify for an H-1B transfer, the foreign national must be in lawful status at the time that the petition is filed for the visa transfer and he must not have engaged in unauthorized employment. While the foreign national can transfer his status, the new employer still needs to file a petition, Form I-129, Petition for Nonimmigrant Workers, with the United States Citizenship and Immigration Services (USCIS) on behalf of the visa holder. While the H-1B visa holder may start working for the new employer before the petition is approved, if USCIS rejects the petition, he will lose his original H-1B status. If the petition is approved, the new employer will receive a notice of approval from the USCIS, Form I-797.

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