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Laid off on an H-1B: what to do in the 60-day grace period

How the grace period works, the options USCIS describes, a day-by-day plan and the questions to ask your employer and attorney.

If you're laid off on an H-1B, USCIS says you may have up to 60 consecutive days, or until the end of your authorized stay if that comes first, to find new employment, change status or leave the US. In practice, that means confirming your exact last day this week, booking an immigration attorney, and pursuing a new employer's petition while you prepare a backup option. Being laid off doesn't mean you did anything wrong, and many people in this position stay in the US by acting early.

This is general information checked on official USCIS sources as of October 2026. It is not immigration advice, and immigration rules and USCIS practice have been changing in 2025 and 2026. Your options depend on your own history, so speak to a qualified immigration attorney before you file anything or travel. For the non-visa parts of a layoff, see our hub on what to do after a tech layoff.

How long is the H-1B grace period after a layoff?

The grace period comes from a federal regulation, 8 CFR 214.1(l)(2), and USCIS's H-1B Specialty Occupations page describes it as of October 2026. The key points:

When does the clock start? USCIS's earlier guidance said the period starts the day after employment ends, typically based on the last day you were paid salary or wages. If your company is paying you through a notice period, garden leave or salary continuation, ask HR for your official termination date in writing and ask your attorney which date counts in your case.

What are my options when laid off on an H-1B?

USCIS has described four main ways to stay in an authorized period of stay after a job ends, plus leaving. Not every option allows you to work. This table summarizes them as of October 2026:

OptionWhat it involvesKey conditionCan you work?
New employer files an H-1B petitionA new employer files a petition with a request to extend your stayFiled before your grace period ends; needs a certified Labor Condition ApplicationYes, under H-1B portability you may start once the petition is properly filed
Change to dependent statusFor example H-4 if your spouse holds H-1B statusYour spouse's status, and a timely applicationOnly if separately authorized
Change to student statusChange to F-1 to studyAdmission to an eligible program and a timely applicationOnly within student work rules
Change to visitor statusChange to B-2 while you searchA timely application; see the caution belowNo
Adjustment of statusApply for a green card (Form I-485) if you're eligible to file nowUsually a current priority date; some self-petition categories can file it together with the immigrant petitionYou can apply for work authorization while it's pending
Compelling circumstances EADA discretionary work permit for up to one yearAn approved I-140, no immigrant visa available yet, and compelling circumstancesYes, once approved
Leave the USDepart within the grace periodYour employer must pay reasonable return transportation if it ended your job earlyNot in the US

A few notes on these options:

A 60-day plan after an H-1B layoff

This is our suggested timeline, not a legal one. If your I-94 end date is sooner than 60 days away, compress it.

WhenFocusActions
Days 1 to 3Facts and documentsGet your termination date in writing; gather approval notices (I-797), your I-94, recent pay stubs, the layoff letter and any I-140 approval; book an attorney consultation
Days 3 to 14Targeted searchFocus on employers that sponsor H-1B transfers; ask for referrals; tell recruiters early that you need a transfer petition
Days 14 to 40Interviews and a backupInterview, ask any offering employer how quickly it can file, and have your attorney prepare a backup filing
Days 40 to 50Decision pointIf no petition is close to being filed, decide on the backup option with your attorney and file it in time
By day 60 (or your I-94 end date)Filed or departingMake sure something is properly filed, or plan your departure

If your spouse or children hold dependent status, plan for them at the same time; their status generally depends on yours.

What should I ask my employer and attorney?

Ask your employer, in writing:

Ask your attorney:

Job hunting on a 60-day clock

Time is the scarce resource, so be selective. Prioritize companies that have sponsored H-1B workers before and roles where you're a close match, because a clean, fast process matters more than a perfect title. Referrals help most here; our guide to asking for referrals after a layoff has templates. Tell recruiters in your first conversation that you need an H-1B transfer and roughly how many days you have. Hiding it only wastes the days you can least afford.

You'll also need to answer "why did you leave?" briefly and without drama. A layoff answer plus a sponsorship line might sound like this example we wrote: "My team was cut in a company-wide reduction last month. I'm on an H-1B, so I'd need a transfer petition, and I can start as soon as it's filed." Our guide on how to explain a layoff in an interview covers the rest.

Because you may get several interviews close together, get your skills warm in the first week rather than waiting for the first invite. The coding interview practice tools and the free browser AI mock interview let you rehearse out loud.

Do I have to leave the US if I don't find a job within 60 days?

If nothing is filed and the grace period ends, you and your dependents would generally need to leave within the grace period or by the end of your authorized stay, whichever is shorter. Staying past that can create unlawful presence, which can affect future visas. Leaving isn't the end of the road: a future employer can file a new petition and you can apply for a visa from abroad, though the $100,000 payment question above may apply to petitions for people outside the US. Get attorney advice before you leave so you understand what returning would involve.

Make every interview in your 60 days count

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FAQ

How many days do I have after being laid off on an H-1B?

USCIS says you may have up to 60 consecutive days, or until the end of your authorized validity period if that is sooner, to find new employment, change status or leave. The grace period is discretionary, is available once per validity period, and ends if you leave the US.

Can I work during the H-1B grace period?

Not unless you are otherwise authorized. The main exception is H-1B portability: once a new employer properly files an H-1B petition for you, you may generally start working for that employer without waiting for approval.

Does a new employer need to enter the H-1B lottery for me?

Usually not. USCIS says that if you were previously counted against the H-1B cap, you will not become subject to the cap again during the same H-1B validity period. Ask your attorney to confirm this based on your history.

Does the $100,000 H-1B payment apply if I change employers?

As of October 2026, USCIS says the September 2025 proclamation does not apply to a granted change of status, amendment or extension of stay for someone inside the US, but it can apply if that request is denied. A federal court has vacated related guidance, so check USCIS and an attorney for the current position.

Does my employer have to pay for my flight home?

USCIS says that if your employer ends your employment before the end of your authorized stay, it is liable for the reasonable costs of your return transportation. That obligation does not apply if you resign voluntarily.

Should I change to B-2 visitor status after an H-1B layoff?

It has been used as a bridge while job hunting, but USCIS archived its related guidance page in 2026 and practitioners report more scrutiny of these applications. Talk to an immigration attorney about current practice before choosing it.