Losing a job on an H1B visa can be an overwhelming experience. Fortunately, U.S. immigration law provides options that allow you to remain in the country legally. You may be eligible to switch to an F1 (student), H4 (dependent), or B2 (visitor) visa, provided you act within the 60-day grace period granted by USCIS. Each of these visa categories offers a distinct path depending on your circumstances, and selecting the right one is critical to maintaining lawful status.
Key Takeaways
The 60-day grace period begins from your last working day on H1B.
You may apply for a change of status to F1, H4, or B2 if eligible.
Each visa serves a different purpose: education (F1), dependent stay (H4), or temporary visit (B2).
The change of status must be filed with USCIS before the 60-day window closes.
Consider professional guidance to determine the most appropriate path forward.
Also Read: Can I switch to F1, H4, or B2 after a job loss on H1B?
Understanding Change of Status (COS)
Change of Status (COS) refers to the process by which a foreign national already in the U.S. on one type of non-immigrant visa can switch to another visa classification without leaving the country. This process involves filing a petition with USCIS using Form I-539 and supporting documentation.
Visa Options After Losing an H1B Job
Option 1: F1 Visa (Student Visa)
The F1 visa is ideal for individuals looking to enroll in an academic program at a U.S. institution.
Key Benefits:
Enables full-time study in the U.S.
Offers CPT and OPT opportunities for on-campus and post-graduation employment (once approved).
Requirements:
Admission to a SEVP-approved school.
Form I-20 issued by the institution.
Proof of financial resources to support tuition and living expenses.
Also Read: What should I do if I get laid off on an H1B visa?
Considerations:
You cannot begin studying until USCIS approves the change.
COS processing times can extend up to 6 months, which may delay academic plans.
Option 2: H4 Visa (Dependent of an H1B Holder)
If your spouse holds an active H1B visa, you may qualify for H4 dependent status.
Key Benefits:
Maintains lawful presence in the U.S.
Eligible for work authorization (H4 EAD) if your spouse has an approved I-140.
Requirements:
Valid marriage certificate.
Spouse’s current H1B approval notice and pay stubs.
Your valid I-94, passport, and previous visa documentation.
Considerations:
Not all H4 holders are eligible for employment.
May be subject to longer USCIS processing times.
Option 3: B2 Visa (Visitor Visa)
A B2 visa is often used as a temporary solution to extend your stay while preparing to leave the U.S., job searching, or waiting for future plans to materialize.
Key Benefits:
Allows for a short-term legal stay (typically up to six months).
Serves as a “bridge visa” to avoid accruing unlawful presence.
Requirements:
Form I-539 and a detailed cover letter explaining your intent.
Proof of financial capability to support yourself.
Evidence of previous H1B status and termination (I-797, termination letter).
Considerations:
Work and study are not permitted under B2 status.
Applications may be scrutinized if the intent appears inconsistent with tourist activities.
Required Documents
Regardless of the status you're switching to, you’ll typically need:
Completed Form I-539
Copy of I-94 record
Copy of passport and visa
Termination letter from employer
Most recent pay stubs and H1B approval notice (Form I-797)
Financial support documents (especially for F1 or B2 applications)
Supporting forms: I-20 for F1, marriage certificate for H4
Case Study
Asha, a software engineer based in San Jose, California, was laid off from her H1B job in March. Within 30 days, she received admission to a local university and promptly filed for a change of status to F1, along with Form I-539 and her I-20. While awaiting approval, she remained in the U.S. legally and transitioned smoothly into a master’s program. Eventually, she leveraged CPT for a new job opportunity.
Frequently Asked Questions
Can I apply for a change of status after the 60-day grace period?
No. Applications must be submitted within 60 calendar days from your last day on payroll, not the layoff date.
Can I return to H1B later if I change to B2, F1, or H4?
Yes. A future employer can file an H1B petition for you at any time, as long as you're still within your original H1B cap validity.
Will a COS delay my work authorization?
Possibly. While on F1 or H4 without EAD, you are not permitted to work until proper employment authorization is approved by USCIS.
If you've lost your job on an H1B visa, you can legally switch to F1 (student), H4 (dependent), or B2 (visitor) status by filing a change of status with USCIS within the 60-day grace period. Each visa serves a different purpose and requires specific documentation. Choosing the right path depends on your family situation, employment goals, or education plans.
Action Plan
- Evaluate your eligibility for F1, H4, or B2
- Count the days remaining in your grace period
- Collect required documents and submit Form I-539
- Consult an immigration attorney to ensure compliance
- Continue job search with H1B-ready employers via Techotlist
Final Thoughts:
Losing your job on H1B is undoubtedly stressful, but it doesn't have to mean leaving the U.S. immediately. With strategic planning and the right support, switching to F1, H4, or B2 can give you time, stability, and legal peace of mind.
Navigating a job loss on H1B can be challenging, but you're not alone. Whether you're considering a change of status or exploring new employment opportunities, Techotlist is here to support your next move. It connects skilled professionals with verified, H1B-compliant employers across the U.S., so you can focus on what matters most: getting back on track.
Sign up today and let jobs chase you.