Can my employer fire me while my H-1B is pending?
Employer
January 01, 2026
1,481 views
Answer
Yes, employers can terminate employment at any time. However:
- If H-1B is approved but not yet started, you may lose the H-1B
- If H-1B is pending, termination may affect the petition
- You have 60-day grace period after H-1B termination to find new job or change status
- New employer can file H-1B transfer
Protection: Review employment contract, understand at-will employment, have backup plans.
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