(UNITED STATES) An Indian IT professional who moved from F-1 OPT to H-1B status on October 1, 2025, was laid off on October 3, 2025—just two days later—raising urgent questions many international students and workers face in the United States when jobs vanish right after a change of status. The H-1B change of status was already approved and took effect on October 1, which means the individual’s immigration status switched from F-1 OPT to H-1B on that date. Once the employer ended the job on October 3, the worker’s 60-day grace period began right away. Immigration attorneys often suggest keeping at least two paychecks under H-1B before making major changes, but here the person likely has only one, leaving very little room to plan.
Core legal framework and immediate consequences
The core legal point is straightforward but commonly misunderstood:
- When a change of status from F-1 OPT to H-1B becomes effective, the person is in H-1B status as of that effective date—even if laid off immediately.
- H-1B status is employer-specific and tied to the sponsoring job. When the employer terminates the job, the related work authorization ends the same day.
- At the moment of termination, the 60-day grace period—available to many H-1B workers after an early termination—typically begins, unless the I-94 admitted-until date is earlier (in which case the I-94 controls).
What the grace period allows (and does not allow):
- It gives a short time to find a new H-1B sponsor, file a change of status to a nonworking category like B-2, or leave the country.
- It does not allow continued work for the prior employer.
- It does not extend H-1B work rights beyond what the employer originally provided.
Important: Severance or employer benefits do not extend H-1B status or the 60-day grace period. Employer withdrawal of the H-1B petition after termination does not cut the grace period short once it has been triggered.
Timing is everything
Analysis by VisaVerge.com and immigration practitioners emphasizes that timing matters more than almost anything in these cases. Two days into H-1B status is a fragile moment:
- The H-1B is active, the person is counted under the H-1B cap, and employer-specific work rights end immediately upon termination.
- The 60-day clock becomes the central constraint for every decision—waiting even a few weeks can eliminate options that existed on day one of the layoff.
Typical legal recommendations:
- Move fast on new job searches.
- Start transfer talks within days.
- File change-of-status backups (e.g., to B-2) if a new H-1B employer is not secured promptly.
Answers to the Reddit poster’s core questions
The user asked whether the H-1B was truly “activated” and when the 60-day grace period started.
- The H-1B is active because the change of status took effect on October 1, 2025.
- The grace period begins on the termination date: October 3, 2025.
- From that date, the worker should aim to:
- Secure another H-1B sponsor within 60 days, or
- File a change of status to a nonworking category (e.g., B-2) before the 60 days end, or
- Depart before day 60 to protect future immigration options.
Additional practical points:
- Severance pay does not extend status or the grace period.
- Employer notification to authorities and petition withdrawal are administrative steps that do not erase a started grace period.
- Because the change of status took effect, the person has been counted against the H-1B cap, which usually helps later (often no new lottery required).
Portability and filing while in the 60-day window
Key portability considerations:
- If a new H-1B petition is filed while the person still has time left in the grace period and the worker was in valid H-1B status at time of filing, portability rules may allow the worker to begin work once the new employer’s filing is received.
- Preparing and filing a new H-1B petition inside the 60-day window requires urgent action by both the worker and the new employer’s legal team.
Practical steps to take immediately (day-by-day priorities)
If you or someone is in this scenario, act fast. Suggested order of action:
- Confirm the official last day of employment and save the termination letter.
- Check the I-94 record to confirm the admitted-until date.
- Start the job search immediately and inform potential employers about the 60-day clock.
- If a new H-1B role looks likely, push for a quick filing and keep proof of the filing date.
- If no H-1B offer is likely by the halfway point of the grace period, prepare a change of status to B-2 to buy time (note: B-2 does not permit work).
- If no filing is possible, make travel plans and depart before day 60 to avoid unlawful presence.
- Ask the former employer whether they will pay for the one-way trip home if the termination was involuntary (employers are sometimes required to offer this).
- Keep copies of all important documents: approval notices, I-94, pay stubs, job offer letters, and the termination letter.
Summary of core rules and options
- Change of status approval from F-1 OPT to H-1B means H-1B status began on the effective date (here: Oct 1, 2025).
- After a layoff, the 60-day grace period (or until the I-94 ends, if earlier) typically begins on the termination date (here: Oct 3, 2025).
- Because the change of status took effect, the worker has been counted under the cap, which can support future H-1B filings without another lottery in many cases.
- During the grace period, options include:
- Securing a new H-1B sponsor and filing promptly.
- Filing a change of status to B-2.
- Departing the U.S. before the grace period ends.
- Severance and benefits do not extend the grace period.
- Staying past the grace period without a timely filing may trigger unlawful presence, which can harm future visas.
Practical life impacts and family considerations
Beyond immigration status, the layoff affects housing, health insurance, and finances immediately. Important reminders:
- Some employers offer severance or short-term health coverage; these help financially but do not change immigration timelines.
- Dependents (spouse, children) on derivative status will be affected by the main worker’s decisions; they may need to file their own changes of status if the primary does so.
- Early planning for travel, school, and housing avoids rushed choices that can have long-term effects.
“Bridge” ideas and realistic options
The thread mentioned narrow alternatives like CPT or internships, but those usually do not apply after an H-1B layoff. The most practical, commonly used paths are:
- Land a new H-1B job and file in time.
- File a change of status to a nonworking category like B-2.
- Depart and plan a return later with cap-exempt or cap-counted H-1B sponsorship.
Which option is best depends on timing, offers available, and personal risk tolerance.
Policy context and outlook
The H-1B program is employer-based: when the job ends, the basis for work ends. The 60-day grace period reduces the harm of sudden layoffs, but it is short by design. While policy details can shift over time, the fundamental mechanics in this case—status effective date, termination date = grace period start, employer-specific authorization—are well established.
Human side and final takeaways
This case illustrates how a change of status is a milestone but not a shield against job loss. Losing a job two days into H-1B status is both a visa problem and a personal shock that affects rent, health care, and family plans. Clear, immediate steps in the first week after a layoff can preserve future options:
- Act quickly to line up a new sponsor, file a nonworking change of status, or depart before the grace period ends.
- Document every step—filings, receipts, notices—so future petitions show timely action.
- Seek an immigration lawyer promptly to discuss specific options.
For official reference on H-1B terms and employer-based rules, see the USCIS: H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.
The timeline in this case is clear: H-1B effective Oct 1, 2025 → termination Oct 3, 2025 → grace period starts Oct 3 → 60 days ends in early December 2025 (unless I-94 is earlier). The best action is whatever is filed on time. Those who move quickly, document carefully, and make clear choices within the 60-day window keep their future options alive.
This Article in a Nutshell
A worker’s change of status from F-1 OPT to H-1B became effective on October 1, 2025; the employer terminated employment on October 3, triggering the 60-day grace period on that date. Although the H-1B status was active from October 1 and the individual was counted under the H-1B cap, employment-based work authorization ended with termination. During the 60-day window (or until the I-94 expiry if earlier), actionable paths include securing a new H-1B sponsor and filing a transfer, submitting a change-of-status to a nonworking category like B-2, or departing the U.S. before the grace expires. Severance or employer benefits do not extend status. Rapid action, careful documentation, and legal counsel are critical to preserve future immigration options.
