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Laid off on an H-1B: when does the 60-day grace period start, and what are my options?

Answer

Short answer: Under the current rules, an H-1B worker whose job ends can be treated as keeping status for up to 60 consecutive days, or until their I-94 end date if that comes sooner, once per authorized validity period. The clock generally starts the day after employment ends, usually judged by the last day you were paid for work. You cannot work during the grace period unless you have other authorization, but you can find a new employer, change status or prepare to leave. The US government has proposed ending this grace period; until a final rule takes effect, the current rule applies.

The full picture

When the clock starts

The grace period generally begins the day after your employment ends, which is normally the last day you were paid for work. Severance paid after your last working day does not usually extend it. If a notice period keeps you on payroll and working, your employment has not ended yet. Get your exact dates from HR in writing, and if they are unclear, plan around the earliest likely date.

Your main options (each must be filed before the grace period ends)

  1. A new H-1B employer. A new employer files an H-1B petition for you. Under portability rules you can usually start working for them once the petition is properly filed, without waiting for approval.
  2. Change of status. For example to H-4 or L-2 as a spouse's dependent, F-1 to study, or B-2 visitor status to keep interviewing (B-2 does not allow work). A timely, genuine change of status filing generally keeps you from building up unlawful presence while it is pending.
  3. Adjustment of status. If your green card process lets you file, a pending adjustment application generally lets you stay and apply for work authorization.
  4. Compelling circumstances work permit. Possible for some workers with an approved I-140.
  5. Departure. You can leave and look for a new H-1B employer from abroad for your remaining H-1B time.

Common mistakes

  • Waiting weeks before starting the search. Use the first days to update your resume and reach recruiters at employers that sponsor.
  • Assuming severance pay buys extra time.
  • Travelling abroad during the grace period without legal advice; leaving usually ends it.
  • Believing headlines that the grace period "has already ended". A proposal is not a final rule.
  • Spending your limited time on employers that will not sponsor. Most major applicant tracking systems let employers filter on the sponsorship question before a person reads your resume, so it is one of the biggest causes of silent rejection for international candidates.

Get advice for your case

Your I-140 status, your dependants' status and your travel history all change the picture. Speak to an immigration attorney early. This is general information, not legal advice.

How Drivetube can help

  • Drivetube One Community unlocks the visa sponsorship filter on the job board, covering H-1B, F-1 OPT, STEM OPT and green card routes, and sends daily matched jobs posted in the last 24 hours on WhatsApp and email, which matters when you are working against a deadline. Sponsorship-flagged roles stay on the board for up to 60 days, with their real posting date. Details: Community docs.
  • A free Drivetube Profile lets you state your work authorization up front in its Hiring Snapshot, so employers who contact you already know your situation. Details: Drivetube Profile docs.

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