Act quickly, but separate two questions: how long you may remain in the United States and when you may lawfully work. After an H-1B job ends, certain workers may receive up to 60 days (or the remainder of their authorized validity period, if shorter) under 8 CFR 214.1(l)(2). That period is not an automatic extension of H-1B employment authorization. A qualifying new employer may let an eligible H-1B worker start after filing a portability petition, without waiting for approval, but only if the statutory and regulatory conditions are met. Other filings can preserve an authorized stay without authorizing employment.
Your exact deadline depends on the actual last day of employment, your Form I-94 and petition validity dates, prior filings or unemployment, and the option you pursue. Confirm those facts with the former employer, the prospective employer and qualified immigration counsel.
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What should I do immediately after an H-1B layoff?
Treat the first days as a documentation and filing window. The date employment actually ended, rather than the date you first heard about a planned layoff, is central to calculating any grace period and filing deadline.
- Confirm the last day worked and paid. Ask the former employer in writing for the effective termination date, the date payroll stopped, and how the company reported the termination. Keep the termination notice, pay records, severance agreement and any correspondence.
- Download your immigration records. Save your passport biographical page, current visa, Form I-94 admission record, every Form I-797 approval or receipt notice, the labor-condition documentation your employer provided, and prior change-of-status or extension filings.
- Calculate the outside date. The potential grace period is no more than 60 days after employment ends and cannot run beyond the end of the authorized validity period. Your I-94—not an expired or soon-to-expire visa stamp—shows the authorized admission date.
- Contact potential petitioning employers immediately. Ask whether the employer will file an H-1B petition, when it can file, where you will work, and whether the offered job materially differs from the prior one. The employer, not the worker alone, files the petition and associated labor-condition paperwork.
- Obtain individualized advice before a deadline. Counsel should review any previous period without work, a pending adjustment-of-status case, dependents, travel plans, status violations, or a filing that could be denied or withdrawn.
- Do not work while you are only in an authorized period of stay. Remaining lawfully present and having employment authorization are separate determinations. Do not continue working for the former employer after termination or start a new job until the applicable portability or employment-authorization requirements are satisfied.
Make a dated timeline of every filing, receipt, approval, job location and day without employment. It gives counsel and a prospective employer the facts needed to select a lawful strategy.
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How long can I stay in the United States after losing an H-1B job?
The rule is “up to” 60 days
USCIS identifies 8 CFR 214.1(l)(2) as the authority for an up-to-60-day grace period for certain employment-based nonimmigrants after employment ends. “Up to” matters: the period may be shorter when the authorized validity period shown by your admission record or other controlling document ends first. It is not a guaranteed 60-day extension for every worker.
The grace period is a limited opportunity to take action—such as finding a new petitioner, filing for another status, or preparing to depart. It does not itself authorize you to keep performing the former job or to begin a new one. A timely filing may create a period of authorized stay, but the effect on employment depends on the particular filing and legal category.
What date controls?
Use the documented end of employment and compare it with the end date of your authorized admission. A visa stamp can remain valid beyond the date you must leave or change status; the visa is used to seek entry, while the I-94 controls the authorized stay granted at the last admission. Have counsel reconcile these dates with any petition validity period and the employer’s termination report.
What the USCIS correspondence says
In a January 25, 2023 letter, USCIS Director Ur M. Jaddou wrote: “Because the 60-day grace period is codified at 8 CFR 214.1(l)(2), it would require a regulatory change which would take considerable time to complete given the generally lengthy regulatory process under the Administrative Procedure Act.” That historical letter describes the regulation as it stood in 2023; check the current regulation and agency guidance for your case.
Grace period versus work authorization
These are different legal questions:
- Authorized stay: whether the government permits you to remain in the United States for a specified period while a status or other application is pending.
- H-1B classification: whether you continue to qualify for H-1B status under a particular petition.
- Employment authorization: whether you may perform services for a specific employer, in a specific role and location, on a specific date.
A grace period can give you time to file without giving you permission to work. A pending change-of-status application can preserve an authorized stay while it is adjudicated without authorizing employment in the requested category. Conversely, H-1B portability can authorize work for a new employer after a qualifying petition is filed, even while the petition is pending. Ask counsel to answer both “May I remain?” and “May I work, for whom and starting when?”
Can I start at a new employer while an H-1B transfer is pending?
Often, an eligible H-1B worker can start after the new employer files a qualifying H-1B petition, but filing alone is not a universal work permit. This is commonly called H-1B portability. The new employer must file the petition and required labor-condition materials; the worker cannot create portability by submitting documents personally.
Core portability conditions
State Department Foreign Affairs Manual guidance describes conditions that generally include lawful admission, filing before the authorized stay expires, and no unauthorized employment after admission and before the new filing. USCIS likewise cautions that portability is limited to eligible cases. Counsel and the employer should verify that:
- you were lawfully admitted in H-1B status and have maintained the requirements relevant to portability;
- the new petition is filed while your authorized period permits the filing;
- you did not engage in unauthorized employment after admission and before the new petition;
- the offered position qualifies for H-1B classification and the labor-condition requirements are satisfied; and
- any change in worksite, duties, hours or other material terms is addressed through the correct new or amended petition.
A practical filing sequence
- Give the employer your records. Provide approval notices, I-94, passport, visa and evidence of the prior H-1B job and termination date.
- Employer evaluates the job. The employer’s immigration team determines the occupation, wage, worksite and labor-condition filing requirements. A role or location that differs materially from the prior petition may require additional action.
- Employer files the petition. Keep the USCIS receipt number, delivery confirmation and a complete copy of the filing. The filing date—not a promise to file later—is critical.
- Confirm the start date in writing. Do not begin productive work until counsel confirms that the portability requirements are met and identifies the permissible start date.
- Monitor the case. If USCIS denies the petition, employment under that petition must cease. Ask counsel what to do about your stay and any alternative filing immediately.
What portability does not mean
It does not mean every “transfer” is automatically approvable, that an employer can skip the petition, or that a pending petition cures earlier unauthorized employment. It also does not guarantee that a change of work location is covered. The employer must assess the actual job and worksite. If a petition is denied, you cannot continue working under that denied petition.
If a new H-1B employer is not ready
USCIS has described several possible paths that may, for an eligible person who acts on time, extend an authorized period or provide another basis to remain. Availability, filing deadlines and work permission differ. A visitor filing, for example, does not authorize employment.
| Possible path | Who files and when | Preserves H-1B classification? | Employment while pending | Key consequences to evaluate |
|---|---|---|---|---|
| New employer H-1B petition (portability) | Prospective employer files before the relevant authorized period expires; filing timing is essential. | Generally seeks continued H-1B classification. | May permit work after a qualifying filing when all portability conditions are met; not automatic for every case. | Work must stop if denied; job, wage, location and prior employment history matter. |
| Change to another nonimmigrant status | Worker or qualifying petitioner files the appropriate application before the deadline. | No; it requests a different classification. | Usually no employment in the requested status unless that category independently authorizes it. | Review the requested status, dependents, denial or withdrawal effects, and whether later H-1B employment is possible. |
| Adjustment of status | Eligible applicant files the adjustment application under the applicable immigrant process. | Not by itself; it pursues permanent residence. | Only the applicable employment authorization document or another independent authorization permits work. | Pending adjustment, travel authorization, underlying immigrant petition and dependent filings must be coordinated. |
| Compelling-circumstances employment authorization document | Eligible principal files the EAD request with evidence of the qualifying circumstances. | No; it is separate employment authorization. | Only after the EAD is approved and valid, and only within its terms. | Eligibility is narrow; timing, renewal, travel and the underlying immigrant case require review. |
| Departure and consular processing | Worker plans departure and pursues a future visa or petition process from abroad. | Potentially, if a later H-1B petition and visa process qualify. | None in the United States after departure until a lawful work-authorizing path is available. | Visa issuance, admission, petition validity and changing entry rules create separate risks. |
The categories above are examples, not a menu available to everyone. Counsel should determine whether a filing must arrive before the grace period or I-94 date, whether a spouse or children need separate filings, and what happens if the application is denied, rejected or withdrawn. A timely filing can extend authorized stay in some circumstances even after the prior nonimmigrant status ends, but that result does not automatically confer work authorization.
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How dependents and family members are affected
A layoff can affect dependent status, work authorization and travel plans differently from the principal worker’s situation. Ask counsel whether dependents need their own extension or change-of-status filings, whether a dependent work authorization document remains valid, and whether a principal’s new petition or change of status must be filed together with family applications. Do not assume that a family member’s authorization ends on the same date or under the same rule as the principal’s H-1B employment.
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Travel while changing employers or waiting on a filing
A valid visa and an approved petition answer different questions
The State Department’s Foreign Affairs Manual says a change in employment does not by itself invalidate a currently valid H-1B visa. It states: “After changing H-1B employers in accordance with USCIS procedures for making such a change, an H-1B visa holder may continue to use their original H-1B visa for entry into the United States.” The visa permits you to seek admission; it does not guarantee admission or prove that a new job is authorized.
Documents for a pending or approved petition
For travel while a new petition is pending, State Department guidance says to carry the visa plus a dated filing receipt or other evidence that the new petition was timely filed. After approval, carry the new Form I-797 approval notice in addition to the visa. Also carry your passport, current I-94 information and evidence of the employment you intend to resume.
Before booking travel, confirm whether leaving the United States could abandon a pending change-of-status request, disrupt an adjustment-of-status case, or create a need for consular processing. Visa validity, petition validity, authorized stay and the admission decision at the port of entry are distinct. Entry policies can change; check current State Department and USCIS information and obtain case-specific advice before departure.
A State Department notice has addressed restrictions on entry tied to certain H-1B petitions filed after September 21, 2025. Its application depends on the particular petition and traveler; it should not be generalized to all existing H-1B workers. Have counsel assess whether it applies to your facts.
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When the employer that sought the H-1B status dismisses the worker before the end of the authorized admission, State Department guidance places responsibility on that employer for the reasonable cost of transportation to the worker’s last place of foreign residence. The guidance does not promise relocation expenses, family travel, a particular airline or a specific ticket price.
The same guidance says this responsibility does not apply when the worker voluntarily terminates employment. Preserve the termination documentation and ask the former employer how it will arrange or reimburse the transportation. If the employer disputes responsibility, obtain legal advice rather than signing away a claim without review.
Records, deadlines and a decision worksheet
Use a one-page worksheet and update it whenever a fact changes:
- Employment: last day worked, last day paid, severance end date and whether the termination was voluntary.
- Immigration dates: I-94 expiration, current petition validity, visa expiration, prior approvals, receipts and any pending applications.
- Filing plan: prospective employer, petition type, responsible filer, expected filing date, receipt date and confirmed work-start date.
- Family: each dependent’s status expiration, work authorization document and planned filing.
- Travel: destination, visa validity, pending change-of-status or adjustment application, and documents to carry.
- Contingency: the action to take if the petition is rejected, denied or withdrawn, and the date by which departure or another filing becomes necessary.
Send the worksheet to counsel and the prospective employer’s immigration team. A calendar reminder is useful, but it does not replace calculating the date from the official record and confirming how weekends, receipt rules and a filing’s effect on stay apply to your case.
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Assuming every worker gets 60 days
The grace period is capped at 60 days and can end earlier with the authorized validity period. Calculate both dates.
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Working because the grace period has not expired
The grace period is not blanket employment authorization. Continuing the old job or starting a new one without the correct basis can create an unauthorized-employment problem.
Waiting for approval instead of confirming portability
An eligible worker may be able to start after a qualifying filing, but only after the employer files and counsel confirms the conditions. A promise that a petition will be filed later is not a portability filing.
Treating a receipt as an approval in every category
A receipt can establish that a filing was made; it does not give every applicant work permission. Determine what the particular category and filing actually authorize.
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Ignoring the worksite
A new or amended petition may be needed when the work location or another material term changes. The employer must assess the real worksite, including remote or multiple locations.
Traveling without checking a pending case
Departure can affect a change-of-status or adjustment filing and may require consular processing. Carry the appropriate receipt or approval notice and verify current entry rules before travel.
Relying on a visa stamp as proof of status
A visa is for seeking entry; the I-94 records the authorized admission. Keep both documents and do not use the visa expiration date as a substitute for the I-94 date.
Bottom line for a laid-off H-1B worker
Document the real termination date, calculate the shorter of the potential 60-day grace period and your authorized validity period, and start contacting petitioning employers immediately. Do not work merely because you remain in an authorized period. A qualifying H-1B portability filing may allow work for a new employer while pending, but eligibility, filing timing, job terms and prior employment history must all fit the rules. If no employer is ready, have counsel assess a change of status, adjustment, compelling-circumstances employment authorization or departure plan before the deadline. Keep travel, dependents and return-transportation rights in the same case plan, and verify current agency guidance because individual facts and entry policies control the result.
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