Nov 2026 bulletinEB-2 · India 01 Nov 2013 · China 01 Oct 2021 · Rest of world 01 Apr 2025PERM~10.0 months

The Journey / Work life

Laid off on an H-1B: your 60-day plan

After your last day of work you usually have up to 60 days to find a new sponsor, change status or leave. Here is what to do, in order.

Last verified 2026-09-27 Reviewed September 30, 2026 General guidance, not legal advice. Always check with a qualified attorney

It feels like the floor gave way. You have more options than it seems, but the clock is real.

The rule in one line

After your employment ends, you get a grace period of up to 60 consecutive days, or until your I-94 expires if that comes first, to find a new employer, change status or leave. The grace period can be used once per authorized validity period.

Proposed change (not in effect): on September 11, 2026, DHS proposed removing this 60-day grace period entirely (Federal Register notice). It is only a proposal: the grace period described here still applies unless and until a final rule takes effect. Public comments are open until November 10, 2026. We’ll update this guide if it becomes final.

Your options, in order

  1. A new employer files an H-1B transfer. You can usually start work once it’s filed. This is the fastest route for most people. See changing jobs.
  2. Change to another status. H-4 through a spouse who is on an H-1B, F-1 if you go back to school, or B-2 visitor status to buy time while you search (B-2 does not allow work).
  3. Use a pending I-485 or an EAD. If you have a pending adjustment of status, you may be able to keep working on an EAD or move jobs under AC21.
  4. Leave the US within the grace period. Departing on time protects your record for a future return.

This week’s checklist

  • Get your termination date in writing. The grace period starts from your last day of employment, not from the date you were told.
  • Look up your I-94 end date on CBP’s website.
  • Ask HR when health insurance ends and whether severance is paid as salary.
  • Tell recruiters you need an H-1B transfer.
  • If you have a pending I-485 or your I-94 ends soon, book a consultation with an immigration attorney now.

What happens to your green card case

  • An approved I-140 generally keeps your priority date for a future employer’s I-140, even if withdrawn.
  • A PERM or I-140 still pending at the old employer usually stops. The next employer starts again, but you keep an earlier priority date only if an I-140 was approved.

The good

  • An approved I-140 usually keeps its priority date for your next employer
  • You can start at a new employer once they file your petition
  • Several status options exist while you search

The hard

  • The clock is real and runs in calendar days
  • A spouse's H-4 and H-4 EAD depend on your status
  • Leaving the US to wait can mean a new visa interview

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Sources

  1. Federal Register: Eliminating the Discretionary 60-Day Grace Period (proposed rule, Sep 11, 2026)
  2. eCFR: 8 CFR 214.1(l)(2) (grace period of up to 60 days)
  3. USCIS: Options for Nonimmigrant Workers Following Termination of Employment
  4. CBP: Get your I-94 record

Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.