What are my options if I get laid off on an H-1B visa?
TL;DR: You get a 60-day grace period (or until your I-94 expires, whichever is shorter) to find a new sponsor, change status, or leave. File a transfer petition or a change-of-status application within those 60 days and you can lawfully remain while it's pending.
The clock starts on your last day of employment — not your last paycheck or severance end date (unless you're on genuine garden leave and still employed).
Your five realistic paths
| Option | What it requires | Keeps work authorization? |
|---|---|---|
| H-1B transfer | New employer files petition within 60 days | Yes — can start on filing |
| Change to B-2 | File I-539 before day 60 | No — buys time only |
| Change to F-1 | Admission + I-539/consular route | Campus rules apply |
| Dependent status (H-4/L-2) | Spouse in valid status | H-4 needs EAD; L-2 works |
| Depart the US | Leave before day 60 | Restart from abroad later |
Claim: 60 days is workable but tight. Evidence: Laid-off H-1B workers on r/h1b consistently report new-job searches taking 3–4 months in the current market — which is why many file a B-2 change of status as a bridge while interviewing.
Step-by-step: first 72 hours
- Confirm your official termination date in writing. The grace period is counted from it.
- Check your I-94 date — grace period can't extend past it.
- Start the job hunt immediately; tell recruiters you're transfer-ready (no lottery needed for transfers).
- Line up a backup filing (B-2 or F-1 change of status) for around day 45–50.
- Talk to an immigration attorney if you have a pending green card — an approved I-140 keeps your priority date even after layoff.
Green card in progress?
If your I-140 has been approved for 180+ days, your priority date is portable to a future employer. If you were in the PERM stage, that process dies with the job — the new employer restarts it.
FAQ
Can I use the 60-day grace period more than once? Yes — it applies once per authorized validity period, so a later layoff on a new petition gets its own grace period.
Can I travel during the grace period? Leaving ends the grace period. Re-entry requires a valid petition and status.
Can I do freelance work while searching? No. Any work without authorization is a status violation.
What if my transfer is denied after day 60? You accrue unlawful presence risks; most attorneys advise departing promptly and consular-processing the next petition.
Under pressure? Plan every date: VisaSherpa.ai maps your grace-period deadlines and filing options in minutes.
By Pinal Dave — Last updated: 2026-07-23