If You Are Laid Off on an H-1B Visa, This Is Your 60-Day Grace Period Survival Guide
Here’s how to use your 60-day grace period wisely.
So you have lost your job while on an H-1B visa, and the clock has already started ticking. For many who are facing this reality, this moment feels like the rug has been pulled out from under them; not only is their income gone, but their legal right to stay in the United States is suddenly on the line.
The H-1B is tied to your employer, and when that relationship ends, you typically have only 60 days to act. That window can feel brutally short, but with the right plan, you can buy time, secure options, and even carve out a long-term path.
David Adubiina
/1. Transfer your H-1B to a new employer
The easiest option is to transfer to another company sponsoring H-1B visas. You don't need to enter the lottery again, but you do need to submit the transfer petition before your grace period is over. It's like a train transfer in transit; you just need to board the next one hurriedly.
Gather your essentials first: passport, pay stubs, approval notice (I-797), academic transcripts, and ideally your original H-1B petition. Then, ask the new employer to file Form I-129 along with a Labour Condition Application. Opting for Premium Processing speeds things up to 15 days, which can make the difference.
Example: Someone laid off at a tech firm accepted a new offer within a month. By filing the petition under Premium Processing, their transfer was approved in time, keeping both them and their dependents in status.
David Adubiina
/2. Change status to another work visa
If offers are not in the pipeline quickly enough, visa switching is another possibility. The O-1 visa is available for people with high visibility in their field, while E-1 or E-2 visas are for treaty citizens who export from and import to the US.
Example: A published research worker and industry award-winning researcher transitioned to an O-1 instead of waiting on a second H-1B sponsor so they could continue legally working in the US.
/3. Transition to a non-work visa
If you do have funds in savings for immigrating and would like more time to get things squared away, you could change to a B-1/B-2 tourist visa or an F-1 student visa. These are not work visas but can lawfully extend your stay.
Example: Someone who wanted to upskill enrolled in a master’s programme and shifted to an F-1 visa. This not only kept them in the US but also created a future work pathway through Optional Practical Training (OPT).
/4. Explore self-sponsored green cards
For those with strong achievements, a self-sponsored green card can provide long-term security. The EB-1A is for individuals with extraordinary ability, while the EB-2 NIW is for those with exceptional ability or advanced degrees. These routes require organised evidence such as endorsements, publications, or proof of significant contributions in your field.
Example: A professional with patents, press coverage, and peer recommendations built a successful EB-1A petition and gained permanent residency without employer sponsorship.
/5. Consider leaving the U.S.
Sometimes, leaving is the best option, especially when career prospects are not good. Going back home leaves the 60-day countdown stress behind, and many businesses will still collaborate with you from abroad. Or, countries such as Estonia and Portugal now offer digital nomad visas for remote online workers.
Example: After a layoff, one worker relocated under a digital nomad visa programme, continuing their remote role while enjoying legal residency abroad.
Final thoughts
A layoff on an H-1B feels overwhelming, but it doesn’t have to end your journey. Whether you transfer your visa, shift to a new status, study, pursue permanent residency, or explore opportunities abroad, the key is acting quickly and not letting the clock run out.
Ogbonda Chivumnovu
