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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