Immigration answers from a licensed attorney in 24 hours.Immigration answers from a licensed attorney in 24 hours.

Short answer: your petition can still be approved, and yes - you can switch employers with an H-1B transfer even before you begin working for the original sponsor, but there are a few things to line up first. On denial risk: USCIS evaluates whether the sponsoring employer had a bona fide job offer and the ability to pay the offered wage as of the petition filing date. A later, unrelated layoff doesn't automatically undermine that. What matters is whether the specific role you were sponsored for still exists on your start date. If your employer confirms in writing that the role is still open and funded, you're on solid ground. If the role itself is being eliminated, that changes the analysis and you should not begin employment on a petition that no longer reflects reality. On switching before you start: H-1B portability under INA §214(n) technically requires you to have been "previously issued" an H-1B visa or otherwise be in H-1B status. Because you haven't entered on the H-1B yet, a new employer generally needs to file a cap-exempt H-1B transfer petition once your original petition is approved. Some attorneys will file the transfer concurrently after approval; a few will file before your Oct 1 start once the receipt notice for the original is in hand. Practical sequence: (1) get written confirmation from Employer A that the role is intact, (2) if not, ask Employer B to file a new H-1B petition citing your approved cap-subject petition, (3) do not begin work for Employer A if you have any indication the role has been eliminated. What to gather before your consult: your I-797 receipt or approval notice, the LCA, your offer letter, and any written communication from HR about the layoffs.