If you're on day 59 after an H1B layoff, you're still legally in the U.S., but time is almost up. The 60-day grace period offers a brief window to find a new job, file a visa transfer, change your status, or leave the country.
This blog explains what you can (and must) do on day 59 to stay compliant with USCIS rules, avoid immigration risks, and plan your next steps, especially for tech workers in U.S.
Key Takeaways
- Yes, you can stay in the U.S. on day 59 after losing your H1B job.
- The 60-day grace period begins from your last working day, not the layoff notice.
- You must take action before day 60 ends to remain compliant.
- Filing for an H1B transfer, change of status, or leaving the U.S. are your top options.
- Always retain documentation and consult an immigration attorney.
Understanding the H1B 60-Day Grace Period
The H1B 60-day grace period is a policy by the United States Citizenship and Immigration Services (USCIS) that gives foreign workers time to find new employment or take other lawful action after a layoff.
When Does the Grace Period Begin?
The countdown starts from the last working day or the last day you're paid, not the day you receive a layoff notification.
Example:
If your layoff notice came on March 1 but your employer paid you through March 15, your grace period starts March 15 and ends on May 14.
Also Read: How does the 60-day grace period work after losing an H1B job?
What Happens on Day 59?
If you are still in the U.S. on day 59, you are still legally within your grace period. However, you are running very short on time to act.
Here’s what you must do before day 60 ends:
Option 1: File H1B Transfer
- If you have a job offer, your new employer must file Form I-129 before day 60 ends.
- You can begin working once USCIS receives the petition (not when it's approved).
Option 2: File a Change of Status
- You can file Form I-539 to switch to B2 (Visitor), F1 (Student), or H4 (Spouse).
- This must be received by USCIS on or before day 60.
Option 3: Depart the U.S.
- If you cannot file for another status, prepare to leave the U.S. before day 60 ends.
Keep boarding passes and flight confirmations as proof of timely departure.
Also Read: What should I do if I get laid off on an H1B visa?
Checklist: What to Prepare Before Day 60
- Job offer letter or new employer details (if filing transfer)
- USCIS forms (I-129 or I-539)
- Passport, visa, and I-94 records
- Recent pay stubs and termination letter
- Statement of intent or cover letter for USCIS
- Proof of funds if switching to B2
- Immigration attorney consultation
Popular Scenarios Across the U.S.
New Jersey (Staffing Hubs)
Tech consultants laid off from staffing vendors often use the grace period to find another implementation partner or reassign to another project.
California (Big Tech Layoffs)
Many tech workers rely on platforms like Techotlist to find new H1B roles quickly before grace period ends. Some switch to B2 as a temporary solution.
Texas (Remote Hybrid Jobs)
H1B workers laid off in Texas commonly explore B2 to H1B bridges, especially while awaiting onboarding from new clients or projects.
Hyderabad (Visa Stamping Abroad)
If you plan to exit the U.S. on day 59, make sure to book your travel and prepare for possible visa stamping delays in Hyderabad or other consulates.
Also Read:
Case Study
Priya, a frontend developer based in Fremont, CA, was laid off on January 2. Her severance covered her through January 15, so her grace period started then. She received a new job offer on March 10 (day 55).
With just 4 days left, her employer filed the H1B transfer via premium processing on March 13. USCIS received it on day 59, making her eligible to start work again legally.
Her case is a perfect example of using every single day wisely within the 60-day window.
FAQs: Staying on Day 59 of H1B Grace Period
Q1: Can I stay in the U.S. on day 59 without taking any action?
Yes, you can legally stay through day 60. However, after day 60, if no petition or change of status is filed, you will be considered out of status.
Q2: What if USCIS receives my petition on day 61?
It will likely be rejected, unless it was mailed earlier with a valid receipt date falling within the 60 days. Always aim to file before day 60 ends.
Q3: Can I leave on day 59 and re-enter later on a new visa?
Yes, but only if you have a new approved visa (like H1B) and valid stamping. You cannot re-enter on the old visa if it's no longer valid.
Q4: Can I use B2 just for a few extra weeks?
Yes, B2 can be used as a temporary bridge. However, it’s not a work visa and should only be used for short-term stays while planning departure or status change.
If you’re on day 59 after losing your H1B job, you can still stay legally in the U.S. You must act quickly by filing an H1B transfer, change of status, or preparing to leave the country. The 60-day grace period starts from your last working day, and failure to act by day 60 results in being out of status. Consult an immigration attorney and prepare documentation ahead of time.
Techotlist helps H1B professionals like you find compliant job opportunities before your grace period ends. Don’t let time run out, let jobs chase you.
Sign up on Techotlist today to find your next opportunity fast.