Yes, it can be done, as long as requisite steps are taken, in accordance with the USCIS process:
A nonimmigrant employee can change employers. However, the new employer first must file a labor condition application (e.g., H-1B petitions) or temporary labor certification (e.g., H-2 petitions) and then file a new Form I-129 petition with the approved labor certification. The employee cannot begin working for the new employer until USCIS approves the petition. There are two exceptions to this requirement.
Under the American Competitiveness Act in the Twenty-First Century (AC-21), an employee currently in H-1B status may begin working for a new employer as soon as the new employer files a Form I-129 petition for the employee, if certain requirements are met. If the employee is not currently in H-1B status, he or she cannot change employers or begin working until USCIS approves the Form I-129 petition.
The new employer must complete a new Form I-9 for this newly hired employee. The H-1B employee may present the Form I-94 indicating H-1B nonimmigrant status issued for employment with the previous employer along with his or her foreign passport as a List A document. The new employer should write “AC-21” and the date he or she submitted the Form I-129 petition to USCIS in the margin of Form I-9 next to Section 2.
To show that the employer filed a petition on the employee’s behalf, it is suggested that the employer retain the following documents with the employee’s existing Form I-9:
- A copy of the new Form I-129
- Proof of payment for filing a new Form I-129
- Evidence that you mailed the new Form I-129 to USCIS
Employers must reverify the employee’s employment authorization in Section 3 once USCIS makes a decision on the petition.