(MAY 2025 UNITED STATES) An Indian‑origin data science manager who worked at a FAANG company has become a touchpoint for many laid‑off H‑1B workers after he described how he stayed in status through a layoff, switched to B‑2 visitor status at the last minute, answered a tough Request for Evidence (RFE), and then won H‑1B reinstatement under premium processing.
He was laid off in May 2025, filed a change of status to B‑2 on day 59 of the 60‑day H‑1B grace period, secured two job offers in quick succession, and received H‑1B approval in September 2025—timed so that his B‑2 was recognized one day before the new H‑1B took effect. “It was nerve‑wracking,” he wrote. “The RFE almost broke me, but legal guidance and precise documentation saved the case.”
Why this case matters
This experience resonates across the immigrant tech community because it outlines a practical playbook for one of the most stressful scenarios an H‑1B worker can face—job loss near the end of the grace window.
- It shows how small timing mistakes can create status gaps.
- It demonstrates that careful filings and complete records can keep a worker in the United States and ready to start a new role the moment approval arrives.
- It highlights how premium processing and precise documentation can be decisive when status maintenance is scrutinized.
Trends and USCIS guidance
According to analysis by VisaVerge.com, Indian professionals have leaned more on the B‑2 “bridge” when job searches stretch past 60 days. This trend aligns with rising RFEs focused on status maintenance, particularly where cases move from H‑1B → B‑2 → H‑1B.
USCIS reminds laid‑off workers that they may have several paths: change of status, a new employer filing, or departure within the 60‑day window. Its guidance is available here: Options for Nonimmigrant Workers Following Termination of Employment.
The core rule: the 60‑day period allows time to organize next steps, but there is no work authorization during that time.
The manager’s timeline and evidence strategy
Key timeline highlights:
- Layoff: May 2025—entered the 60‑day grace period.
- B‑2 filing: Day 59, using Form I‑539 to extend lawful stay while searching.
- Job offers: Days 79 and 82.
- H‑1B filing: Employer filed Form I‑129 with premium processing while B‑2 was pending.
- RFE: USCIS queried whether he had maintained status during the layoff.
- Approvals: September 2025 H‑1B approval; B‑2 recognized one day before the H‑1B start date.
Evidence used to answer the RFE:
- I‑94 travel records
- Pay stubs through the termination date
- Proof of timely B‑2 filing
- A detailed letter explaining the status hand‑off
He emphasized that do not travel while a change of status is pending and do not assume any grace beyond the 60 days.
Filing details and premium processing
- Workers moving back to H‑1B while a B‑2 request is pending often rely on premium processing so the employment petition can be decided quickly.
- Premium processing does not guarantee approval, but it can speed resolution where a clean hand‑off of status is central.
- Proper timing of premium processing can be the difference between starting a job in the U.S. or needing to leave to obtain a visa at a consulate.
Broader context and policy changes
The broader situation is sobering:
- Since 2023, layoffs have affected tens of thousands of Indian H‑1B workers.
- Many face a tight job market, limited grace time, and family members whose status depends on the H‑1B holder.
- B‑2 filings are increasingly used to “buy time,” but B‑2 does not permit work and requires proof of funds and a clear purpose for staying.
Recent policy and regulatory threads:
- A September 2025 Presidential Proclamation (referenced in the case notes) reportedly imposes a $100,000 fee per H‑1B worker outside the U.S. This raised the stakes for staying in the U.S. rather than traveling.
- The January 17, 2025 H‑1B final rule moved the lottery to a beneficiary‑centered selection system. That rule does not affect change‑of‑employer filings like this case, but it signals broader policy shifts aimed at curbing duplicate entries.
Family and dependent considerations
- If an H‑1B worker falls out of status, H‑4 dependents also fall out of status.
- Many families scramble to file parallel change‑of‑status requests for spouses and children so that everyone’s dates align.
- Delays on Form I‑539 can leave families in limbo.
- If an H‑4 spouse relies on an EAD to work, a break in the H‑1B’s status can stop that paycheck.
Practical step: plan filings and finances together to reduce cost and risk.
Practical checklist: Steps that helped in this case
- File B‑2 before day 60 if the job search needs more time—use Form I‑539, include proof of funds and a short plan for your stay.
- Keep all records ready:
- I‑94 travel history
- Pay stubs to the last day
- Prior Form I‑797 approvals
- Termination letters
- Ask new employers to file Form I‑129 with premium processing if a B‑2 request is pending.
- Prepare for an RFE about status maintenance; respond with full evidence and a clear timeline.
- Do not travel while any change of status is pending unless counsel says there is no alternative.
Financial and tax planning
- B‑2 status allows no work. H‑1B processing—even with premium—can take weeks.
- Workers often burn savings during gaps. Many advisers recommend 3–6 months of expenses in reserve if possible.
- Tax compliance matters: file taxes under the correct status for each part of the year and keep IRS transcripts.
- Future H‑1B extensions or green card steps can request proof of proper filings; tidy tax records help corroborate status histories.
Legal support and strategy
- Employer counsel typically represents the company’s interests. Many workers seek independent legal advice to protect individual timelines and family needs.
- The manager credited “legal guidance and precise documentation” with saving the case when the RFE arrived.
Three critical choices that enabled his success: filing B‑2 on time, keeping perfect documents, and pushing the new employer to premium processing. That combination let him remain in the U.S. and start the new H‑1B without leaving the country.
Practical steps for workers under time pressure
- Mark the exact grace deadline on day one and count 60 days carefully.
- Draft your B‑2 packet early in case the search runs long.
- Organize a status timeline and keep it updated (entries, exits, pay periods, filings).
- Alert the new employer that premium processing may be key if B‑2 is pending.
- Keep dependents in sync with parallel filings, including H‑4 and any EAD steps.
- Avoid international travel until your H‑1B approval notice authorizes work.
Official forms and resources
Workers who need to file can find the official forms here:
These are the standard filings used in the B‑2 bridge and the employer’s H‑1B petition.
Final takeaways
For many readers, the hardest part is the emotional load. The manager called the months after his layoff “the most stressful yet defining” phase of his U.S. career. Stories like his underscore that the system rewards planning: narrow windows and clear rules mean success often comes down to hitting dates, keeping proof, and answering government questions with calm and complete records.
For thousands of workers watching each new layoff headline, his approach offers a clear, repeatable path if the same day arrives.
This Article in a Nutshell
A data science manager laid off in May 2025 used a tactical sequence to preserve lawful presence and regain H‑1B status. He filed Form I‑539 to change to B‑2 visitor status on day 59 of the 60‑day H‑1B grace period, received two job offers, and had a new employer file Form I‑129 with premium processing while his B‑2 was pending. USCIS issued an RFE questioning status maintenance; the response included I‑94 records, pay stubs, proof of timely B‑2 filing, and a detailed explanatory letter. H‑1B approval arrived in September 2025, with the B‑2 recognized one day before the H‑1B took effect, avoiding an unlawful presence gap. The case underscores the importance of precise timing, comprehensive documentation, parallel filings for dependents, and planning finances during status transitions.
