Losing your job while on an H-1B visa doesn’t mean you have to leave the country immediately. You have a grace period of up to 60 days to find a new sponsor, change status, or settle your affairs in the United States. However, that window can close faster than you expect, and the choices you make in the first week can decide how the rest of it goes. Here’s what you need to know if you recently lost your job.
The 60-Day H-1B Visa Grace Period
Your 60-day H-1B visa grace period starts the day after you lose your job. It remains open until 60 calendar days pass or your Form I-94 admission record expires, whichever comes first. So, if your I-94 expires in three weeks, your deadline is three weeks, not 60 days.
This is the case even if you receive severance pay. Your status doesn’t hold just because an employer keeps paying you for a few weeks after employment ends. You don’t have to file anything to activate the grace period, however, because USCIS confirms dates while adjudicating whether petitions were filed at the right time.
Know Your Options
Many H-1B visa holders who lose their job have a handful of options. But much of the decision hinges on how close you are to a new job offer.
- Find a new H-1B visa sponsor: A new employer can file an H-1B petition before the end of the grace period, allowing you to start working as soon as USCIS receives the petition. In this case, you don’t have to wait for approval to begin earning a living again.
- Apply for compelling circumstances: This work authorization applies to workers with an approved I-140 petition who are waiting for green card priority dates. Categories such as serious illness, employer disputes, retaliation, or hardship may qualify.
- Change status: You can file to change status while you continue looking for a job. This option can extend your authorized stay even past the end of the grace period. Schedule a consultation with the immigration lawyers at Lamb & Turner today to learn more.
- Leave the U.S.: Leaving the United States before the grace period ends can help keep your record clean and prevent complications later. Often, this is the best option for protecting future visa eligibility.
Mistakes That Could Cost You Your Status
Don’t let these assumptions trip you up:
Assumptions vs Facts
One assumption is that severance pay can extend your legal status. That’s not true. Your immigration status isn’t linked to your paycheck.
Another assumption is that the grace period automatically resets if you find another job within 60 days. It does not. Your new employer has to file an H-1B petition before day 60, or the window closes.
Waiting for USCIS to decide before filing is yet another mistake. The process favours those who move well before the deadline. And USCIS decisions don’t always align with the grace period clock. The earlier you act, the more room there is for the unexpected, such as processing delays and Requests for Evidence (RFEs).
Former Employer Responsibilities
Your former employer has a responsibility in all this. They must notify USCIS of your termination and withdraw their H-1B petition. But their withdrawal doesn’t shorten your grace period. It just creates a paper trail that begins moving as soon as they file.
That doesn’t mean that if they withdraw the petition a week or two after you lose your job, the 60-day window starts then. The window opened the last day you worked, not when the former employer notified USCIS. Speak to Lamb & Turner for more information.
Next Steps
Every H-1B layoff plays out differently. Usually, it depends on your I-94 expiration date. It also depends on whether you have an approved I-140 or a new job offer.
If you have dependents on H-4 status, you must monitor and manage another timeline alongside your H-1B visa. A change in your status usually means a change in theirs, so the safest move is to contact an immigration attorney within the first few days of losing your job.
Talk to an Immigration Attorney Now
The rules and timelines for H-1B layoffs are strict, meaning minor mistakes and small timing differences can lead to very different outcomes. An immigration attorney can monitor expiration dates, status, and job leads to help you map out which options are available while the window remains open.
Clarity matters when you’re choosing whether to continue looking for new sponsors, change your status, or plan to leave the United States. Consult a legal team you can trust to protect your rights and keep your immigration record clean. Schedule a consultation with Lamb & Turner now to discuss your case.
