I just got laid off on H-1B — what are my actual options in the next 60 days?
When your H-1B employment ends, federal regulation 8 CFR § 214.1(l)(2) gives you up to 60 consecutive calendar days — or until the end of your authorized validity period (your I-94 date), whichever comes first — to either find a new H-1B sponsor, change to another nonimmigrant status, or depart the United States. This window is discretionary, not guaranteed, and it does not authorize you to work. The action that counts is a new petition or application filed within the window — not an approved one.
What the 60-day grace period actually is
The grace period was created by DHS's January 2017 high-skilled worker rule (effective January 17, 2017). Before that, an H-1B worker technically fell out of status the moment employment ended. The regulation now says you are not considered to have failed to maintain nonimmigrant status solely on the basis of the cessation of employment for up to 60 consecutive days — provided DHS does not shorten or eliminate it as a matter of discretion.
Key boundaries, all from the regulation itself:
| Rule | What it means |
|---|---|
| Length | Up to 60 consecutive calendar days (weekends and holidays count) |
| Hard cap | Ends at the earlier of day 60 or your I-94 expiration date |
| Frequency | Once per authorized validity period — changing employers does not reset it |
| Work | Not authorized unless separately authorized under 8 CFR 274a.12 |
| Discretion | DHS may shorten or eliminate it; the call is made when USCIS adjudicates your next filing |
| Dependents | H-4 spouses and children are covered only through the principal worker |
Important development, date-stamped: On September 11, 2026, DHS published a proposed rule (RIN 1615-AD22, Federal Register document 2026-18631, docket USCIS-2026-0364) that would eliminate this grace period entirely. Public comments close November 10, 2026. As of October 14, 2026, this is only a proposal — it has not been finalized, no effective date exists, and current rules still apply to anyone laid off today.
Your real options, ranked by speed
1. H-1B transfer with a new employer (fastest). A new employer files Form I-129. If the petition is nonfrivolous and meets AC21 portability requirements (INA § 214(n)), you can generally start working for the new employer as soon as the petition is properly filed — you do not have to wait for the receipt notice. This is the cleanest path: it preserves your H-1B status continuously and, if the I-94 on the approval is backdated correctly, there is no status gap at all.
2. Change of status to another category (I-539). If no sponsor is lined up, file Form I-539 to change to B-1/B-2 (visitor), H-4, or another category you qualify for, before the window expires. A timely, nonfrivolous filing generally lets you remain in the US in a period of authorized stay while USCIS decides. B-2 status does not authorize work — treat it as a legal waiting room, not a bridge to employment.
3. Compelling-circumstances EAD (if eligible). If you have an approved I-140 and meet the requirements under 8 CFR 204.5(p), you can apply for a one-year employment authorization document that does not tie you to a specific employer. Processing takes months, so file early; it does not solve a day-40 crisis.
4. Depart the United States. Leaving before the window ends preserves a clean record for future visa applications. If you overstay and accrue unlawful presence, the 3-year and 10-year bars under INA § 212(a)(9)(B) can follow you.
The documents you need this week
- Your termination letter (or email) with the exact last day of employment
- Your final pay stub showing the last paid day
- Your current I-94 record (retrieve it from the CBP I-94 website) — this is the date that can cut your 60 days short
- Your I-797 approval notice and the most recent I-129
- If you have an approved I-140, confirmation of the approval date (180-day milestone matters for portability and priority-date retention)
Frequently asked questions
Does the grace period extend my visa stamp or I-94?
No. It does not extend the visa foil in your passport or your authorized period of admission. It only means USCIS may treat you as having maintained lawful status for the window. If your I-94 expires on day 20, you effectively have 20 days, not 60.
Can my spouse keep working on H-4 EAD during the grace period?
No. An H-4 EAD is tied to the principal's valid H-1B status. Once H-1B employment ends, the H-4 spouse is not authorized to work during the grace period either.
Sources
- Entry source: https://www.layoffnext.com/visa-layoff/h1b-layoff-reddit-questions
- 8 CFR § 214.1(l)(2) — text of the discretionary up-to-60-day grace period (effective January 17, 2017)
- USCIS Policy Manual, Grace Periods — worker remains in a valid grace period even after employment ends
- Federal Register document 2026-18631 (RIN 1615-AD22, docket USCIS-2026-0364) — proposed rule to eliminate the grace period, comments due November 10, 2026
- USCIS Form I-539 guidance: https://www.uscis.gov/i-539
Figures verified against two or more of: the regulation text, USCIS Policy Manual guidance, and Federal Register notices, as of October 14, 2026.