If you’ve recently lost your H1B job in the U.S., don’t panic; you may have up to 60 days to act. This 60-day grace period allows you to find a new employer, change your visa status, or leave the U.S. lawfully. In this post, we explain how the H1B 60-day grace period works, what actions you can take, what documents you’ll need, and how to stay compliant with immigration rules.
Checklist: What to Do During the 60-Day Grace Period
- Confirm your last working day
- Get a termination letter and pay stubs
- Start job hunting immediately
- File H1B transfer or change of status
- Consult with an immigration attorney
- Explore backup options (B2, F1, H4)
- Keep records of all communications
What Is the H1B 60-Day Grace Period?
The 60-day grace period is a USCIS policy that gives H1B visa holders a legal stay of up to 60 consecutive calendar days after losing their job. This allows you to seek another job, file a transfer, or prepare to leave the U.S.
When does the 60-Day Grace Period start?
The clock starts ticking from your last working day, not the day you receive the layoff notice or severance.
Example:
If your layoff notice came on May 1st, but your final paycheck covers you until May 15th, your grace period begins on May 15th.
What Are My Options During the 60 Days?
Here are your four main options:
1. Find a New Job and File an H1B Transfer
- New employer must file Form I-129 before the 60 days expire.
- You can start working once the petition is received by USCIS.
2. Change Visa Status
- Apply to change to B2 (Tourist), F1 (Student), or H4 (Spouse).
- Submit Form I-539 and required documents.
Note: B2 (Tourist) does NOT allow you to work."
3. Leave the U.S.
- If no options work, plan to depart before the 60 days end.
- Keep travel proof for future immigration needs.
4. File a Lawsuit (Rare Cases)
- Only if employer violated terms or failed to pay.
Requires an immigration attorney.
Also Read: What should I do if I get laid off on an H1B visa?
Case Study
Neha, a data analyst from Hyderabad working in Austin, Texas, was laid off on March 10. Her employer gave her severance pay until March 30. Her 60-day grace period began on March 30.
She quickly updated her resume, used Techotlist to apply for jobs, and got an offer within 3 weeks. Her new employer filed an H1B transfer by April 20, and she resumed working, all without leaving the U.S.
FAQs: Questions to Ask Your Immigration Attorney
Q1: Can I stay in the U.S. after 60 days without a job?
No, staying beyond 60 days without legal status is considered unlawful presence and can impact future visa applications.
Q2: Can I file a B2 visa and stay while looking for jobs?
Yes, but B2 is not intended for employment. It only buys time, not work authorization.
Q3: Does severance extend the grace period?
No, severance doesn’t delay the start. Only active payroll status matters.
Q4: Can multiple H1B transfers be filed at once?
Yes, multiple employers can submit H1B petitions. The first one approved can be used to resume work.
Also Read: Can I stay in the U.S. on day 59 after an H1B layoff?
Important Documents to Keep
- Latest I-797 Approval Notice
- Termination letter and pay stubs
- I-94 record (from CBP website)
- Passport and visa stamp copy
Job offer letters, if interviewing
Also Read: What should I do if I get laid off on H1B? (60-Day Rule Guide)
The H1B 60-day grace period begins after employment termination, allowing the visa holder to remain lawfully in the U.S. without employment. Within this window, the individual can transfer to another H1B employer, change visa status (e.g., B2, F1, H4), or exit the U.S. Staying beyond 60 days without taking action may lead to unlawful presence. It’s critical to gather documents, consult immigration counsel, and file timely petitions to stay compliant.
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