09/01/2026
Getting a new job offer after an H-1B layoff is an important step.
But the offer itself does not create H-1B work authorization.
There is a difference between:
getting an interview,
receiving an offer,
starting the employer’s immigration process,
and having a qualifying H-1B petition properly filed.
For eligible workers, H-1B portability may sometimes allow employment with the new petitioner after the required filing is properly made.
But not every worker automatically qualifies.
And an LCA by itself is not the same as an H-1B petition filing with USCIS.
So if you are changing employers after a layoff, ask:
“Can the new employer actually complete the required H-1B filing in time, and am I eligible for portability?”
That question matters more than the offer alone.
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