What if the H-1B employees circumstances change?
As long as the foreign national continues to provide H-1B services for a U.S. employer, most changes will not mean that the foreign national is out of status. A foreign national may change employers without affecting status, but the new employer must file a new I-129 petition for the foreign national before he or she begins working for the new employer. If a change means that the foreign national is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.
