H-1B Employee, H-1B Change Job, Changing Employer for Laid Off H-1B

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Changing Employer for Laid Off H-1B Employees With Advance Notice

Hi William:

I am an employee in H-1B status for 2 years, and I received advance notice this week that I will be laid off within one month. Is it possible that I can change employer?

Answer:

To change employer without having to depart the United States, you need to find an U.S. employer to file USCIS Form I-129 (Petition for a Nonimmigrant Worker) for you, prior to being laid off.

The Form I-129 petition should be filed prior to the termination of your job, and you must have been maintaining valid H-1B status. If the I-129 petition is filed after your dismissal, you may have to return overseas to process your H-1B visa for the new employer.

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