H-1B visa holders get 60-day grace period after layoffs in United States

Key Takeaways

• You have a 60-day grace period after H-1B job loss to act before losing legal status in the U.S.
• Main options: H-1B transfer, switch to another visa status, or apply for a self-sponsored green card.
• Missing your grace period can result in unlawful presence and future visa bans for several years.

Losing your job while on an H-1B visa can feel overwhelming, especially when you have only one year left out of the possible six years you can spend in the United States on this visa. Many people in this situation worry about how to stay in the country legally after a layoff. This detailed guide walks you through each step you can take, what options you have, and how to protect your legal status during this difficult time. By understanding your choices and acting quickly, you’ll improve your chances of staying in the United States without legal trouble.

Before you start, here’s a checklist of important actions and documents to keep handy:
– A copy of your H-1B approval notice (Form I-797)
– Your most recent I-94 record
– Recent pay stubs and employment verification letters
– Details of your layoff: official letter, severance information, last payroll date
– Details on your immigration status (dependent visas, spouse/partner status, etc.)

Let’s walk through the key steps and what to expect at each stage.

Understanding the 60-Day Grace Period

When you are laid off from your H-1B job, the United States government allows you a 60-day grace period. This means you have 60 days (or until your I-94 expires—whichever comes first) to figure out your next steps. During this grace period, you do not collect unlawful presence. You remain legally in the U.S., but you must quickly decide your path forward.

Important:
If your I-94 record expires in less than 60 days, your grace period ends on that expiration date—not after 60 days. Always check your I-94 at the U.S. Customs and Border Protection website to confirm this date.

During this time, you need to pick one of the following options:
– Find a new employer willing to sponsor your H-1B visa and submit a transfer request
– Change to another nonimmigrant status (like a student or visitor visa)
– Apply for adjustment of status if you are eligible for a green card
– Prepare to leave the country if none of the other options is possible

Acting within these 60 days is critical. If the grace period or your I-94 expires and you have not taken action, you will start to accrue unlawful presence. Staying in the United States unlawfully can make it harder—sometimes impossible—to return in the future.

Main Pathways to Stay Legally in the United States

Here is an in-depth look at each option you have and what you must do to use it.

1. Find a New H-1B Sponsor (H-1B Transfer)

What is it?
If you can find another job with an employer willing to file an H-1B petition for you (commonly called an H-1B transfer), you can start work as soon as the U.S. Citizenship and Immigration Services (USCIS) receives your new petition, provided you’re still within the 60-day grace period.

Steps:
a. Begin searching for new employment immediately after being laid off.
b. Inform recruiters and potential employers that you are working under the 60-day grace period and will require quick processing.
c. The new employer must file a nonfrivolous H-1B petition before your grace period or I-94 expires. This is done on Form I-129.
d. Once USCIS confirms receipt, you may begin work immediately (you do not have to wait for approval).

Time Estimate:
This process often takes 2-3 weeks to pull together job offers and paperwork, but you should aim to have everything submitted within 30 days to allow for unexpected delays.

Tips:
– Keep pay stubs and termination records ready—USCIS may want to see proof that you did not work after your layoff.
– If not approved, you must leave the U.S. or choose another valid status immediately.

2. Change to Another Work Visa (O-1, E-1, E-2, etc.)

What is it?
Some people qualify for other specialized work visas, like the O-1 visa for those with extraordinary ability in their field, or E visas for investors and treaty traders.

Steps:
a. Assess if you meet O-1 or E visa criteria (such as international awards or special achievements for O-1, or investment for E visas).
b. If you believe you might qualify, consult with a qualified immigration attorney right away.
c. File the correct application with USCIS before your grace period ends.

Time Estimate:
If you have the documentation ready, O-1 or E visa applications can be filed in under a month, but compiling proof often takes more time.

Note:
These categories have strict requirements. It’s not as easy as applying for a transfer—you must prove that you qualify based on achievements or investments.

Best Practice:
Start reviewing O-1 or E visa requirements now, especially if you have a strong background in your field or have previously considered starting your own venture.

3. Switch to a Non-Work Visa (F-1 Student, B-2 Visitor, etc.)

If you do not have an immediate job offer, switching to a non-work visa status can give you more time in the United States. This often includes:

(a) F-1 Student Visa

What is it?
This status lets you study full-time at a college or university. Many people choose this option to gain new skills or simply to extend their legal stay.

Steps:
a. Apply to a Student and Exchange Visitor Program (SEVP)-certified college or university.
b. Receive a Form I-20 (certificate of eligibility) after admission.
c. File Form I-539 with USCIS to change your status to F-1 before your grace period or I-94 expires.

Special Note:
Some schools offer “Day 1 Curricular Practical Training (CPT)” which lets you work immediately instead of waiting one year for regular CPT. However, this route is risky—USCIS watches these cases closely, and it could create problems for future visas or green cards. Always talk to a lawyer before picking this option.

Tips:
– Make sure you maintain full-time student status to keep your legal stay.
– You cannot work off-campus except through authorized CPT or Optional Practical Training (OPT) after your studies.

(b) B-2 Visitor Visa

What is it?
A B-2 visa allows you to stay as a tourist. This does not grant work or study permission.

Steps:
a. File Form I-539 with USCIS before your grace period or I-94 expires.
b. Clearly explain why you need additional time as a visitor (to wrap up affairs, travel, etc.).

Tips:
– You cannot: enroll in school as a main activity, work, or volunteer while on a B-2.
– The B-2 does not add time to your H-1B limit, and you cannot work or study during this stay.

4. Move to a Dependent Visa (H-4, L-2, F-2)

If you are married to someone with their own valid status in the United States, you might be able to switch to a dependent visa. For example, if your spouse is also on an H-1B visa, you may qualify for H-4. If they are on L-1A or L-1B, you might get L-2.

Steps:
a. Prove your relationship (provide marriage certificate and proof of spouse’s status).
b. File Form I-539 to request a change of status before your current status expires.

Important:
Some dependent statuses allow you to work if you file and get an Employment Authorization Document (EAD)—for example, L-2 or certain H-4 holders with an approved I-140.

5. Apply for a Self-Sponsored Green Card

If you have special skills or achievements, you might qualify for a green card without employer sponsorship. Key options include:
– EB-1A (Extraordinary Ability)
– EB-2 National Interest Waiver (NIW)

Steps:
a. Decide if your achievements or job type match these categories.
b. Gather evidence and submit Form I-140 (Immigrant Petition for Alien Worker).
c. If eligible and your priority date is current, you can also file Form I-485 for adjustment of status if you are inside the United States, which lets you stay and work while the green card is processed.

Tip:
This option is best for people with a record of major accomplishments, science or art expertise, or national-level experience.

Important Deadlines, Documents, and Pitfalls to Avoid

• Always apply before your grace period or I-94 runs out: If you file late, you may lose legal status and start accumulating “unlawful presence.”
• Have proof of your status and last payment: Sometimes severance pay can push your official “end date” further; check what your former employer reports to immigration authorities.
• Keep copies of job offer letters, visa forms, correspondence with USCIS, and receipts: These may be needed for future applications, transfers, or to prove your timeline.
• If you miss deadlines and stay unlawfully for more than 180 days, you may be banned from returning to the United States for several years.

Summary Table of Options

What Happens After You Apply?

Once you have submitted your change of status or transfer petition, you can usually remain in the United States while you wait for a decision, as long as you filed on time. If your application is approved:
– For H-1B transfers or work visas: you can keep working as soon as USCIS receives your petition.
– For F-1 or B-2: you stay in the United States, but you cannot work during the waiting period (unless you have approved student work permission).
– For dependent visas: you must wait for approval before seeking work, unless your status grants it (like with an approved EAD).

If your application is denied, you must leave the United States as soon as possible to avoid unlawful presence. Remember, if you overstay your legal period, you may have trouble getting future visas or re-entering the country.

Special Note on Severance Pay and Termination Dates

Sometimes, if you receive severance pay, your employer may list your official end date as later than your actual last day of work. This can push back when your 60-day grace period starts. Review your termination paperwork carefully and talk to your HR department to make sure you understand what date will be reported to immigration.

Tips and Additional Help

• Start preparing as soon as you hear about a layoff—don’t wait until your last day.
• Consult with an immigration attorney, especially before making changes like joining Day 1 CPT programs or filing for less common visa types. VisaVerge.com reports that such steps can lead to questions from USCIS if not done properly.
• For thorough details and updates straight from the government, visit USCIS’s official page on options for workers after a layoff.

Conclusion and Next Steps

The 60-day grace period offers a short but important window to keep your future in the United States on track after a layoff on an H-1B visa. The best thing you can do is act quickly—gather documents, explore possible job offers, and consult with professionals as needed. Remember, a delayed decision or missed deadline can have long-lasting effects on your immigration history.

Review your situation using the checklist at the start of this guide. Speak with experts if you have unique circumstances, and always keep copies of every document filed or received. By following the right steps and keeping organized, you can protect your legal stay and prepare for your next chapter in the United States.

Learn Today

H-1B Visa → A U.S. work visa for specialized occupations, typically lasting up to six years for foreign workers.
60-Day Grace Period → A period after H-1B job loss during which you can remain in the U.S. without accruing unlawful presence.
Form I-94 → U.S. government document that records your arrival, status, and authorized stay expiration date.
USCIS → U.S. Citizenship and Immigration Services, the agency handling immigration applications and status changes.
Adjustment of Status → Process of changing from nonimmigrant to permanent resident (green card holder) while staying in the United States.

This Article in a Nutshell

Losing your job on an H-1B visa can be daunting, but you have legal options if you act quickly. Use the 60-day grace period to secure a new employer, switch visa status, or self-sponsor a green card. Fast, organized decisions protect your ability to stay lawfully in the U.S.
— By VisaVerge.com

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