An Indian professional on an H-1B visa is warning others after misreading the rules of the 60-day grace period led to severe immigration trouble, including a formal Notice to Appear (NTA) in immigration court. The person was laid off earlier this year in the United States and believed the grace period worked like a “soft deadline.” They stayed past day 60 while job hunting, assuming a short delay would be forgiven. Instead, once the window closed without a new approved petition or a timely-filed status change, they fell out of status. When they tried to leave the country, the overstay was recorded and an NTA reportedly followed—triggering removal proceedings.
What the 60-day grace period actually covers
Under current U.S. Citizenship and Immigration Services (USCIS) policy, H-1B visa holders whose employment ends have up to 60 days — or until the I-94 expiration, whichever comes first — to take one of a few steps:
- Secure a new sponsoring employer and file an H-1B petition (change of employer).
- File to change to another status (e.g., dependent, student) before the deadline.
- Depart the United States before the deadline.
The deadline is strict. Even a single day beyond that window may count as a status violation.
Important: The regulation tied to this policy is 8 CFR 214.1(l)(2). The I-94 expiry can be earlier than day 60 and, if so, that earlier date controls.
Consequences of missing the deadline
The stakes can be serious:
- Overstaying after the 60-day period can complicate future visa applications and renewals.
- It appears as a red flag in immigration history that consular officers and USCIS review closely.
- A Notice to Appear (NTA) is a legal charging document that starts immigration court proceedings and requires the person to appear before a judge. It is not a warning.
- Missing a court date can lead to an in absentia removal order, which brings long-term consequences for re-entry and future immigration benefits.
- Unlawful presence after long overstays can trigger 3- or 10-year re-entry bars once the person departs.
Enforcement trends and common misunderstandings
Reports in 2025 indicate tighter enforcement in some cases, including NTAs issued where no timely filing or transition occurred by the end of employment. Common mistakes include:
- Focusing only on “60 days” and ignoring the I-94 end date.
- Waiting for a verbal offer to become a formal filing rather than confirming timely petition submission.
- Assuming the grace period is a blanket shield rather than a short window to act.
Practical reality: the grace period gives time to act, not to delay. If a worker has not filed a change of status, a new H-1B petition, or departed by the deadline, they risk losing status and potentially starting unlawful presence.
Community reaction and human factors
The Reddit forum r/h1b captured the community’s mix of frustration and urgency in a thread titled “60-Day Grace Period Mistakes After H-1B Layoff – Learn From This.” Reactions included:
- Criticism of the “soft deadline” idea as risky.
- Empathy for individuals under stress after sudden job loss.
- Calls for clearer communication from USCIS and employers about required steps.
This tension reflects a larger worry: a single misstep can derail years of planning in the United States. The human side matters—families often make financial and logistical decisions hoping an offer will convert to a timely filing.
Practical steps H-1B workers should take after a layoff
- Immediately confirm key dates:
- Check the I-94 expiration.
- Precisely count the 60-day grace period (and note whichever is earlier).
- Decide a feasible path:
- New employer files an H-1B change-of-employer petition within the window (portability rules may apply).
- File a change of status to another nonimmigrant category before the deadline.
- Depart on time if filing is not realistic.
Additional practical tips:
- Document everything: termination letters, job-search evidence, written offers, and proof of filings.
- Seek legal advice quickly in complex cases (I-94 earlier than day 60, travel plans, dependents).
- Each family member on linked statuses must be tracked separately.
Employer and institutional responsibilities
For employers and institutions (including universities and research labs):
- Move quickly if hiring laid-off H-1B talent; filing within 60 days can preserve work authorization paths.
- Understand that delays past the deadline may force a worker to reset outside the U.S., adding time and cost.
If a Notice to Appear is issued
- The person must attend court.
- Obtain professional legal help immediately—removal cases have strict deadlines and fact-specific defenses.
- In some circumstances, voluntary departure before certain dates can reduce harm; in others, a late filing might still offer options, but these are not guaranteed.
Key takeaway: An NTA changes everything—court procedures then control timelines and options narrow.
Policy context and outlook
- The 60-day buffer replaced the prior rule where status ended the day employment stopped; it was designed to be narrow.
- Rumors of extensions to 90, 120, or 180 days have circulated, but as of mid-2025 no official policy change has been implemented.
- Workers should plan on the strict 60-day limit and track the I-94 date carefully.
Some advocates argue for rules that better match modern hiring timelines, while others favor a firm, consistent deadline. What is not disputed among practitioners: once an NTA is issued, options diminish and consequences can be steep.
Official guidance and resources
USCIS provides official information on options after termination. See the agency’s page: Options for Nonimmigrant Workers Following Termination of Employment.
- Filing within the 60-day grace period — or before the I-94 date — can preserve a path forward.
- Waiting past the deadline can close doors.
Final recommendations
- Treat the 60-day grace period as a hard stop.
- Check the I-94 first, count carefully, and make a realistic plan you can execute within the window.
- If a new employer is serious, push for fast filings. If changing status is needed, prepare filings early.
- If neither path is realistic, leave on time to protect your record and future applications.
A single day can be the difference between a smooth next step and years of extra hurdles.
Frequently Asked Questions
This Article in a Nutshell
A laid-off H-1B worker misread the 60-day grace period as a flexible buffer, stayed beyond the deadline while job searching, and subsequently received a Notice to Appear initiating removal proceedings. USCIS policy permits H-1B holders up to 60 days—or until the I-94 expiration—to secure a new employer petition, file a change of status, or depart. The deadline is strict; even a single day overdue can be treated as a status violation. Consequences include unlawful presence that may trigger re-entry bars, NTAs that lead to immigration court, and hardships for future visa applications. Practical steps include checking I-94 immediately, documenting job-search and filing activity, pursuing timely petitions or status changes, and seeking immigration counsel promptly. Employers hiring laid-off H-1B workers should file quickly to preserve options. No official extension beyond 60 days had been implemented as of mid-2025, so planning on the strict limit is essential.
