A layoff can create more than a financial setback when you hold H-1B status. Losing your job can also start a limited period for finding new employment or pursuing another immigration option. In most cases, H-1B workers can remain in the United States for as long as 60 days after their employment ends, unless their authorized stay expires sooner. Planning during this window can help you avoid a gap in lawful status.
Finding another H-1B employer
Finding a new employer may allow you to continue working in H-1B status. With H-1B portability, eligible workers may start employment with a new employer after the employer submits a qualifying Form I-129 petition to USCIS. You do not necessarily have to wait for USCIS to approve the petition before starting the new job. The filing and receipt notice provide important evidence that the petition has been submitted.
Because timing matters, keeping records of your termination date, Form I-94 and immigration documents can help when a new employer prepares the petition. Reviewing the filing with an immigration professional may also help identify issues that could affect portability.
Other options after a layoff
If another H-1B position does not come together quickly, several options may apply depending on your circumstances. These can include:
- B-1/B-2 status: A timely change to visitor status may provide additional time in the United States while continuing a job search, but it does not authorize employment.
- Dependent status: H-4, L-2 or F-2 status may be available through a spouse with qualifying immigration status. Work authorization rules vary by category.
- F-1 status: Enrolling in a qualifying academic program may provide another status option, although employment remains subject to F-1 rules.
- Compelling circumstances EAD: Some H-1B professionals who have an approved I-140 petition may be eligible for work authorization when they satisfy USCIS criteria and can show qualifying compelling circumstances.
Each option has different eligibility requirements, so the choice can affect both your ability to work and your future immigration plans.
Watch the clock
Two common misconceptions can cause problems after a layoff:
- Severance does not automatically extend the 60-day period: Unless the employer keeps you officially employed on active payroll status, receiving severance generally does not add days to the grace period.
- Leaving the United States does not pause the clock: Departing the country ends your period of stay under the H-1B grace period. Unused days cannot be saved for a later return.
Keeping track of these deadlines can help you identify available options before your authorized stay ends.
Keeping your options open
A layoff does not always mean an immediate departure from the United States. Finding a new H-1B employer or exploring another qualifying status may provide a path forward, depending on your circumstances. Acting within the available timeframe can help preserve options while you decide what comes next.