Termination while waiting for H1B visa

[smzeeshan]

I worked in US for an employer for more than a year on H1B. I visited my home country and I went to US embassy for H1B visa stamping in September and have been waiting for the administrative process to be cleared ever since then. Unfortunately, my employer decided to terminate my employment.

My questions are:
1. If US embassy did not find out that my employment was terminated and issues me H1B visa, can I legally go back to US with such visa and new H1B petition receipt?
2. If I get H1B petition approved from new employer, will that affect the H1B visa which is already in administrative processing? 

3. If I can not obtain my H1B Visa OR its still in administrative processing & I Re-apply H1B visa based on H1B petition(I-797A) from new employer, is there a chance that it will go in administrative processing again?

Thank you very much for any input. I saw many H1Bs were stuck in this administrative process, and I am sure some of them got fired in this lengthy process. Please advice and best regards,

sam

[JoeF]

You won't get an H1 visa. And even if the consulate somehow issues one, you could not use it. Using it would be immigration fraud.

[smzeeshan]

Thank you for your reply, appreciated. 

Regarding 1st question, I was referring to H1B petition receipt from new employer. In other words, Is it possible to go back to US legally with offer letter and H1B petition receipt both from new employer and H1B visa(issued based on previous employer)? 

Please also reply to Question#2 and 3.

Again Thank you for your input.

 

sam

 

[JoeF]

 

Thank you for your reply, appreciated. 

Regarding 1st question, I was referring to H1B petition receipt from new employer. In other words, Is it possible to go back to US legally with offer letter and H1B petition receipt both from new employer and H1B visa(issued based on previous employer)? 

Please also reply to Question#2 and 3.

Again Thank you for your input.

 

sam

 

 

If you had gotten the H1 visa while you still had the old job, it would be possible.

But you won't get an H1 visa for the old job.

You need to apply for an H1 visa with the approval notice from the new employer.

[smzeeshan]

Thank you for the information

[smzeeshan]

My H1B visa application is still in administrative processing. 
If I apply and get new approved I-797 while the H1B visa is still in admin processing, should I wait for it to get approved or apply for a new H1B visa application? 
Please advise.