H1 is approved but the job is lost before working on H1 visa ?


Here is my scenario and question.

I am supporting an end client “W” through a contracting company “X” on TN-1 visa, which will expire in Feb 2014. My company “X” agreed to file my H1 visa on April 1st 2013. I wanna file my H1 so i can proceed for my green card which i cannot do on TN-1.

What will happen to my H1 if it is filed on April 1st 2013 and I loose my job on say July 27th 2013 (which i am hearing is a possibility) ? Will my H1 be still valid to work on October 1st 2013 for any other client like “J” through my company “X” ?


I will not be able to work on October 1st for any other end client through the contracting company “X” because the end client has changed ? and for the new end client, an new H1 will have to be filed which will likely be next year 2014?

I will really appreciate your answer because my employer “X” is telling me that they will find me another assignment somewhere else and the H1 will not be affected.



If X files the petition for you, and you lose that job, then X will withdraw the petition from USCIS. If the petition is still pending, then that would be the end of road for that petition.

If the petition is already approved and then X withdraws it after letting you go, then you can still make use of that petition. Another employer say Y can file a cap-exempt petition (which is basically another peititon which is not subject to cap) for you for an internal position or for any client. Once approved, you can start working from it’s approval date (Oct 1 or later).

Note that if you lose your job, then you cannot continue to stay in US on the basis of a pending H-1 petition or an approved H-1 which will start in future.