What Should I Do If I Get Laid Off on an H1B Visa?

Updated: September 15, 2025

What Should I Do If I Get Laid Off on an H1B Visa?

Losing your job is stressful, even more so when you’re on a work visa. If you’re wondering, “What should I do if I get laid off on an H1B visa?”, you’re not alone. Thousands of professionals in New Jersey, California, Texas, and across the U.S. face this question every year. This guide walks you through your legal rights, timelines, and actionable steps, and explains how platforms like Techotlist can help you find your next opportunity fast.

If you’ve been laid off on an H1B visa, you have a 60-day grace period to stay in the U.S. and find a new employer. You must transfer your H1B or change your visa status within this time. Update your resume and begin applying immediately to H1B-compliant jobs. Use platforms like Techotlist to discover active H1B employers fast.

Checklist: What To Do Immediately After H1B Layoff

  1. Confirm layoff in writing (termination letter)
  2. Note your termination date (grace period starts here)
  3. Gather immigration documents (I-797, I-94, pay stubs)
  4. Consult an immigration attorney
  5. Update your resume and LinkedIn
  6. Apply for H1B-compliant jobs

  7. Plan for travel if unable to transfer visa

    Also Read: How does the 60-day grace period work after losing an H1B job?

What Is an H1B Visa?

An H1B visa is a non-immigrant visa that allows U.S. companies to employ foreign professionals in specialty occupations (such as tech, finance, or engineering). Since the visa is employer-sponsored, your ability to stay in the U.S. is tied to your current job.

What Happens When You Get Laid Off on an H1B Visa?

Under USCIS guidelines, laid-off H1B holders are granted a 60-day grace period (or until the I-94 expires, whichever comes first). During this period, you may:

  • Find a new employer and transfer your H1B
  • File for a change of status (e.g., B2 or F1)
  • Leave the country

Example: If you’re laid off on May 1 in California, your grace period likely ends around June 30. You must take action within this window.

Also Read: Can I change my visa status to B2 if I lose my H1B job?

Key Actions to Take During the 60-Day Grace Period

1. Find an H1B-Sponsoring Employer

Not every employer supports H1B transfers. Use Techotlist, a job platform built for Indian-origin professionals and H1B job seekers, to filter and apply to roles that support visa transfers.

2. Transfer Your H1B Visa

Your new employer must file a Form I-129 with USCIS before your 60-day window ends. You can begin working as soon as the petition is filed, no need to wait for approval.

3. File a Change of Status

If a new job isn’t secured within 60 days, consider switching to a visitor visa (B2) or student visa (F1). This requires a proper application before the grace period ends. Always consult with an attorney first.

Case Study

Raj, a software engineer based in Jersey City, was laid off from his fintech company. With 45 days left in his grace period, he used Techotlist to apply for H1B-compliant jobs. Within three weeks, he secured a role in Dallas, Texas, and his new employer filed a transfer just in time. He remained in the U.S. without a visa disruption.

Also Read: Can I switch to F1, H4, or B2 after a job loss on H1B?

Documents Needed for H1B Transfer

  • Latest Form I-797 (H1B approval notice)
  • Valid I-94
  • Recent pay stubs (2–3 months preferred)
  • Termination letter (optional)
  • Updated resume and job offer letter

Tip: Keep both digital and physical copies ready for submission.

Frequently Asked Questions (FAQs)

Q1: Can I stay in the U.S. after my layoff?
Yes, for 60 days or until your I-94 expires, whichever is sooner.

Q2: Do I need to leave the U.S. immediately after a layoff?
No. You can stay legally during the 60-day grace period to find a new job or change status.

Q3: Can I apply for unemployment benefits?
Typically, no. H1B visa holders are not eligible for unemployment benefits due to visa regulations.

Q4: Can I transfer my H1B to a non-tech role?
Yes, if the role qualifies as a specialty occupation and the employer supports H1B sponsorship.

Questions to Ask Your Immigration Attorney

Important Notes for Indian-Origin Professionals

If you're based in Hyderabad, Bangalore, Delhi, or Mumbai and need to travel for H1B stamping after securing a new job, ensure the following:

  • Complete the DS-160 form
  • Schedule a consulate appointment in advance
  • Carry the updated I-797 approval notice and offer letter

Stamping at U.S. consulates (like Hyderabad or Chennai) may have limited availability, so plan accordingly.

Also Read: Maintaining Legal Status While Job Searching in the U.S.

Conclusion

If you’ve been laid off on an H1B visa, your 60-day window is critical. Whether you’re in New Jersey, Texas, or California, quick action, legal guidance, and the right job search platform can make the difference.

Looking for H1B-compliant jobs? Join Techotlist, the platform trusted by visa professionals to find jobs fast. Let jobs chase you.

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