Laid Off on H-1B: The Complete 60-Day Playbook

Understand the grace period precisely

Status check, September 2026. The 60-day grace period is still in force. On 11 September 2026 DHS published a proposed rule that would remove it from the regulations (8 CFR 214.1(l)(2)); the comment period runs to 10 November 2026. Nothing has changed yet, but check USCIS before you rely on the 60 days.

The rule: up to 60 consecutive days after your employment ends — or until your existing I-94 expires, whichever comes first — during which you are considered to be maintaining status despite not working. It applies once per authorized validity period, and it is discretionary in form: the regulation says DHS 'may eliminate or shorten this 60-day period as a matter of discretion'. No figure is published for how often it is granted, so do not treat it as automatic.

The clock starts when employment actually ends, not when you are notified. Severance pay does not extend the employment end date for immigration purposes — a common and costly misunderstanding. Get your official last day in writing, because that date anchors every deadline that follows.

Check the second limit too: if your I-94 expires 30 days after your last day, your grace period is 30 days, not 60. Download your current I-94 from the official CBP site today and read the date, not your memory of it.

Exit 1: a new H-1B employer

The cleanest exit. A new employer files a transfer petition (a new I-129 with its own LCA); because you have already been counted against the cap, no new lottery is needed. That is the actual test — not simply that you hold H-1B status. If you were in cap-exempt work and were never counted, this move can put you under the cap. Our guide to changing employers on H-1B sets out the conditions and the start-date rule. Under portability rules, you may begin working for the new employer once the petition is properly filed — receipt notice in hand is the conservative marker most attorneys use.

Two reassurances for the negotiation table: the new job does not restart your six-year H-1B clock, and it does not erase green-card progress (more below). Tell recruiters you hold H-1B status and need a transfer, not a new lottery — many companies treat that as routine. The petition must be filed (not merely 'started') within your grace period, so drive the new employer's attorneys with polite urgency.

Exit 2: change status with Form I-539

File Form I-539 to change status before your grace period ends. A timely filed, non-frivolous application generally lets you remain in the US while USCIS decides it — but it does not give you status. USCIS calls this a 'period of authorized stay', which is what stops unlawful presence accruing; it is not the same as lawful status, and it is not permission to work. If the change is later approved, status is conferred back to the filing date. The common landings: B-2 visitor status to wrap up affairs and continue the job search (job searching on B-2 is permitted; working is not), or F-1 to return to study — timing with a school's DSO matters here.

The timely filing is what keeps you in that authorized period of stay: a non-frivolous I-539 filed before day 60 generally lets you remain while USCIS processes it, even past the 60 days — in authorized stay, not in status. If a new H-1B job materializes while a B-2 change is pending, the new employer files the transfer and your attorney manages the sequence — a well-trodden path.

Exit 3: your spouse's status

If your spouse holds their own status (H-1B, L-1, F-1), you may be able to change to the corresponding dependent status — H-4, L-2, F-2 — as the low-stress harbor while you regroup. File the I-539 within the grace period as above.

Work rights differ by category, so check before assuming: H-4 spouses can apply for employment authorization only in defined circumstances tied to the principal's green-card progress, while L-2 spouses are generally considered work-authorized under current policy. Verify the current rules on USCIS.gov — this area has changed more than once.

Exit 4: depart and return later

Leaving within the grace period is a clean exit, not a defeat. Your approved H-1B remains usable: a future US employer can file a petition to bring you back, without a new lottery, for the remainder of your six-year allotment. Time spent abroad does not erase the selection you already won, and 'recapture' rules can even reclaim time spent outside the US.

If you go this route, depart before the grace period ends, keep every document (I-797s, pay stubs, W-2s), and treat the move as a strategic pause. Many people run a US job search from India and return within the year on a new petition.

The money questions

Final pay and severance: state law governs when your final paycheck must arrive, and severance is a contract matter — read the agreement before signing, and note that signing usually involves releasing legal claims. Nothing about severance extends your immigration clock, but the money funds the runway.

Unemployment insurance is a genuinely tricky question for H-1B holders: eligibility is state-law based and generally requires being able and available to work, which work-authorization rules complicate when your permission to work was tied to the employer that let you go. Do not assume eligibility either way — check your state's workforce agency and ask your attorney before filing a claim.

Your 401(k) is yours regardless of visa status — vested balances do not evaporate with the job or even with departure from the US. Decide deliberately (leave it, roll it over) rather than cashing out in panic, which triggers taxes and penalties. Your HSA balance is likewise yours.

Health insurance for the gap

Employer coverage typically ends with employment or at month-end — confirm the exact date with HR. COBRA lets you continue the employer plan at your own cost for a limited period; the Department of Labor's COBRA guidance explains the election windows. Losing job-based coverage is also a qualifying event that opens a special enrollment period on the ACA marketplace, which is often cheaper than COBRA.

Do not let a family gap happen silently: a single uninsured ER visit can outweigh months of premiums. Price both routes (COBRA vs marketplace) in week one, especially with kids or a pregnancy in the picture.

If your green card was in progress

An approved I-140 that has been approved for 180 days or more survives the employer's withdrawal for priority-date purposes — your place in the visa-bulletin line is generally yours to keep and reuse with a future employer's new PERM/I-140. Earlier-stage cases (PERM pending, I-140 pending or recently approved) are more fragile; this is precisely what the attorney consultation is for.

Collect copies of everything from the green-card file now, while HR still answers your emails: the PERM details, the I-140 approval notice, priority date evidence. Future you, at a future employer, will need them.

Family, home, and keeping your footing

Your dependents' H-4 status rides on yours — whatever exit you execute covers them, but their paperwork (I-539s, school records) travels with yours, so include them in every filing conversation. Tell your landlord nothing hastily; most leases have defined early-termination terms if you do end up relocating.

And use the community: the Indian professional network in America is dense with people who have run this exact playbook. Referrals move H-1B transfers faster than cold applications, and our community guide lists where those networks actually live. A layoff on a visa is a process with deadlines — run the process, and it usually runs fine.

If the 'layoff' isn't really a layoff

Two employer behaviors around terminations deserve scrutiny. 'Benching' — keeping you nominally employed but unpaid between projects — is not a lawful middle ground: H-1B employers are required to pay the wage stated in the LCA even during nonproductive time they cause, and unpaid benching is a wage violation you can raise with the Department of Labor's Wage and Hour Division, which accepts complaints from H-1B workers.

Similarly, an employer that quietly withdraws your petition while telling you that you are 'on leave', or demands you resign so they avoid return-transportation liability, is managing its obligations at your expense. If the facts around your termination are murky, that is an attorney conversation in week one, not week seven — the difference between 'terminated' and 'resigned' can matter for both your options and the employer's duties.

The scams that follow layoffs

Layoff announcements attract predators to visa holders specifically. The classic patterns: 'consultancies' offering to 'run your clock' with fake employment or bench you unpaid until a project appears; 'employers' who demand you pay the H-1B filing fees or a deposit for the job (required petition costs are the employer's, and pay-to-work demands are a red flag); and fake recruiters harvesting documents — no legitimate recruiter needs your passport scan and I-797 before a first interview.

Related and equally dangerous: fabricated experience letters and doctored pay stubs sold as 'transfer packages'. Fraudulent documents surface at petition, stamping or green-card stages, and they convert a solvable sixty-day problem into a permanent inadmissibility one. Every legitimate exit in this playbook works with your real documents.