Fired from job on H-1B after other employer has filed H-1B transfer


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Confused by this murky territory: What happens if I get fired from my current job while I'm on H-1B, but another employer has already filed for H-1B transfer via premium processing a few days ago? Would I need to leave the country, and would the new employer's petition be nullified? Any other subtleties I should be aware of?


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If you have a receipt from USCIS for you H1B transfer by your new employer, you are good. You can join your new employer based on that receipt. No need to wait for the actual approval to come.

If your new employer files for h1b transfer before your existing employer revokes your petition, you are fine. Just join the new employer.

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Upon the filing of an H-1B change of employer petition, a person is generally authorized to start working for the new petitioner (there are certain restrictions which probably don't apply here). Generally then if the prior employer withdraws their H-1B petition, this will not affect ability to work under portability and also should not affect ability to have the new petition approved with I-94. (If the petition is approved without I-94, this would generally require leaving the US and re-entering on the new petition, but since you were working for the prior employer on the date the new petition was filed, this shouldn't happen.) Make sure you have proof of working for the prior employer up to the date the new petition was filed.

A person generally would need to be working either under the prior petition or the new petition in order to continually maintain status. Have you started work for the new employer?

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