If you were laid off in H-1B status, you may have up to 60 consecutive days after employment ends, or until your authorized validity ends, whichever comes first, to take action. Depending on eligibility, your options include a new employer petition, a change of status, adjustment of status, a compelling circumstances employment authorization document, or departure. If your visa stamp is expiring while you remain employed, check your I-94: the stamp’s expiration is different from your status deadline. At Atlas Immigration Law, we review those dates and your available filing options so you can make a decision before time runs out.
Key takeaways
H-1B, L-1, O-1, TN and E workers get up to 60 consecutive days, or until their I-94 ends if sooner, once per validity period. The clock starts the day after the last day worked, not after severance ends. Within it you can move to a new employer, change status, adjust status if eligible, apply for a compelling circumstances EAD, or leave. File before the last day.
Why Atlas Immigration Law for a Time-Sensitive Status Review?
When you need immigration help after a layoff, the immediate questions are concrete: What is the filing deadline? Can a new employer hire you? Does your spouse’s status offer another route? Will a job change affect your green card case?
We are a Dallas immigration law firm representing individuals and employers in all 50 states. Our founder and managing attorney, Jordan Weinberg, leads the firm. Clients speak directly with the attorney, and each case has a dedicated paralegal. We offer consultations remotely and work in English and Spanish.
Our same-business-day response policy applies to messages received during business hours. That policy concerns our response to your message; the filing strategy still depends on your documents, eligibility, and remaining time.
Start by sending the employment end date and the expiration date shown on your I-94. Tell us whether you have a prospective employer, a spouse with immigration status, an approved I-140, or a pending I-485. Those facts help identify which documents need immediate review.
Request a free 20-minute consultation or call (945) 219-5599. At the end of the consultation, we quote a flat fee in writing if we can help. You can evaluate the proposed representation before deciding how to proceed.
How the 60-Day Grace Period Works
The federal rule covers workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications whose qualifying employment ends. Their dependents receive the same grace period.
The protection is limited: eligible workers are not considered to have failed to maintain status solely because their employment ended for up to 60 consecutive days, or until their authorized validity ends, whichever is shorter. It is available once during each authorized validity period. DHS may shorten or eliminate it as a matter of discretion. See 8 CFR 214.1(l)(2).
Identify the employment end date
The period begins the day after employment ends. USCIS looks to the end of employment, not the end of a severance package paid afterward.
Keep the termination notice, separation agreement, relevant payroll records, and any employer correspondence identifying your last day of employment. If those records use different dates, flag the inconsistency for review. A payment labeled “severance” should not become the basis for assuming employment continued.
Compare that date with your authorized validity
Do not automatically add 60 days to the termination date and treat the result as your deadline. First compare that calculation with the end of your authorized validity. The earlier limit controls.
Also disclose any earlier use of the grace period during the same authorized validity period. A previous gap between employers may matter even if you later resumed work.
Separate permission to remain from permission to work
The grace period itself does not authorize employment. It gives eligible workers a limited opportunity to pursue another immigration route or arrange departure. A job offer, an interview, or an employer’s promise to sponsor you does not independently authorize work.
The practical goal is to identify a qualifying filing and complete it before the applicable deadline. Looking for a job can be part of that plan, but the job search does not extend the period.
Visa Expiration and a Layoff Require Different Deadline Reviews
“My visa is expiring” can describe different problems. We need to know which document is expiring and whether your employment is continuing.
Your visa stamp and your I-94 serve different purposes. For your stay inside the United States, the I-94 is the central status document to review. An expiring stamp does not, by itself, establish that your authorized stay ends on the same date.
If you remain employed and need an extension, the question becomes whether the employer can file a qualifying extension petition before the I-94 expires. For eligible classifications, a timely same-employer extension filing can allow continued employment for up to 240 days while the extension remains pending. The rule has conditions and does not provide an unrestricted employment extension. See 8 CFR 274a.12(b)(20).
| Situation | What needs immediate review | Why the distinction matters |
|---|---|---|
| Employment ended before authorized validity expired | Employment end date, I-94, approval notice, and prior grace-period use | The layoff grace-period analysis applies |
| Visa stamp is expiring, but employment continues | I-94 and petition validity | Stamp expiration and status expiration are different |
| I-94 is approaching expiration while employment continues | Employer’s extension filing plan | A qualifying timely extension may support continued same-employer work |
| Employment ended and authorized validity is also ending | Both sets of dates | The shorter limit controls the layoff grace period |
The 240-day rule is not a job-search period after a layoff. It concerns qualifying continued employment with the same employer following a timely extension filing.
Bring the actual documents to the review. A calendar reminder titled “visa expiration” may reflect the stamp, the petition, or the I-94, and those dates should not be treated as interchangeable.
Compare Your Options Before Choosing a Filing
USCIS identifies several possible routes after termination of employment. The right choice depends on the status you hold, the documents already filed, your family circumstances, and whether you need immediate employment authorization.
We begin with eligibility and timing, then compare the consequences of each route. A filing that addresses your ability to remain may not address your ability to work.
| Possible route | When it deserves review | Key limitation or decision |
|---|---|---|
| New employer petition | An employer is prepared to sponsor qualifying employment | H-1B portability has eligibility requirements; other classifications require their own analysis |
| Change to H-4 | Your spouse holds H-1B status | Eligibility and work authorization must be reviewed separately |
| Change to F-1 | You have a genuine qualifying study plan | Filing does not independently authorize employment |
| Change to B-2 | A temporary visitor stay fits your circumstances | Visitor status does not authorize employment |
| Adjustment of status | You are eligible to apply for permanent residence inside the United States | Eligibility must exist; a pending filing is not itself an EAD |
| Compelling circumstances EAD | You have an approved I-140 and an unavailable priority date | Additional eligibility requirements and compelling circumstances must be established |
| Departure | An appropriate domestic filing is unavailable or departure fits your plan | Review timing and any future immigration steps before leaving |
These options come from USCIS guidance on options following termination of employment. They are alternatives for individual review, not a menu of interchangeable filings.
For example, choosing B-2 requires a visitor-based explanation and supporting circumstances. Choosing F-1 requires a genuine student plan. Neither should be selected solely because its label appears to offer more time.
We also compare the work required for each potential case: which person or employer must act, which records are missing, and whether the necessary filing can be completed before the deadline. That comparison helps you decide where to focus your effort.
Laid off, or is your status running out?
Tell us your last day of work and your I-94 date. In a free 20-minute consultation we map the options that still fit in your window and quote a flat fee.
Moving to a New Employer: What H-1B Portability Can Do
For an eligible H-1B worker, a new employer’s properly filed, non-frivolous H-1B petition may allow employment to begin upon filing under INA 214(n). This is commonly called H-1B portability.
That can make a new employer petition particularly relevant after a layoff. But the filing and the worker’s eligibility matter. Accepting an offer is not the same as having a properly filed petition.
Our H-1B transfer resource explains the change-of-employer process. During a deadline review, we focus on the evidence needed to determine whether portability is available and what the employer must prepare.
A useful preparation sequence is:
- Obtain the written offer and a clear description of the proposed position.
- Collect your I-94, H-1B approval notices, and employment records.
- Document the end of the prior employment.
- Identify any prior gaps or grace-period use.
- Coordinate the employer’s petition preparation and filing before the applicable deadline.
- Confirm the legal basis for starting work before beginning employment.
Tell a prospective employer that an immigration filing deadline exists. Its recruiting timeline and immigration preparation timeline both need to fit within the time available.
Our H-1B visa attorney work includes representing employers as well as individuals. Reviewing the employer’s proposed role alongside the worker’s status records helps identify issues that an offer letter alone cannot resolve.
Workers in other classifications should not assume H-1B portability applies to them. A prospective employer and a viable position are still important, but the filing and employment-start rules require category-specific review. If an O-1 visa is under consideration, we evaluate whether that classification fits the proposed case rather than assuming an H-1B-style transfer.
Changing Status and Protecting a Pending Green Card Case
A change of status may be worth reviewing when a new employer cannot complete a qualifying petition within the available period. Possible categories include H-4, F-1, and B-2, depending on your circumstances.
The application must have a valid basis and be filed before the grace period ends. A timely, non-frivolous filing may provide a period of authorized stay while it is pending, but that is different from having the requested status approved. It also does not independently authorize employment.
If your spouse holds H-1B status, bring the spouse’s approval notice and I-94 for an H-4 review. If you are considering study, bring the records supporting the proposed student route. For a visitor request, be prepared to explain the temporary purpose of the requested stay and how you would support yourself.
If you already have a pending I-485
A layoff can affect both your current work status and your employment-based green card strategy. Those questions require separate analysis.
Under INA 204(j), commonly called AC21 portability, an I-485 pending for 180 days or more may support a move to a same or similar job when the underlying I-140 is approved or approvable. A qualifying move can proceed without a new I-140.
The comparison turns on the jobs themselves. Bring the original position description and the proposed position’s duties, along with the I-140 and I-485 records. A similar title alone does not answer whether the positions qualify.
Our resource on changing jobs during the green card process addresses that decision. The governing framework appears in INA 204(j), codified at 8 U.S.C. 1154(j).
If you need employment authorization
A pending I-485 can provide a basis to request an EAD. Filing the I-485 alone does not authorize employment; you need a valid work-authorizing basis.
Review employment authorization while the I-485 is pending alongside the job-change analysis. Whether you can work and whether a new position preserves the green card case are related questions with different requirements.
If you have an approved I-140 but cannot file adjustment
A compelling circumstances EAD may deserve review when you have an approved I-140 and your priority date is not current. Those facts alone do not establish eligibility. The application also requires qualifying compelling circumstances and satisfaction of the other regulatory conditions.
We review this route carefully because employment authorization under this provision is different from maintaining H-1B status. The controlling regulation is 8 CFR 204.5(p).
What to Gather Now, Including Your Employer’s Obligations
A useful case review begins with a documented timeline. Assemble your I-94, passport identification and visa pages, approval notices, termination records, and relevant employment records. Include your dependents’ immigration documents so the review addresses the household.
Add any new job offer, spouse’s status records, I-140 approval, I-485 receipt, and EAD. Identify documents you do not have instead of delaying contact until the file seems complete.
Write down unresolved questions. Does the separation agreement identify a different employment end date from the termination letter? Was an extension already filed? Has a prospective employer begun preparing a petition? Were there earlier employment gaps? These details can change the filing analysis.
Request the employer’s termination information
When an employer dismisses an H-1B worker before the petition ends, its obligations include notifying USCIS, withdrawing the Labor Condition Application, and offering the reasonable cost of return transportation. The relevant framework includes 8 CFR 214.2(h).
Ask for records showing the termination date and information about the employer’s withdrawal and return-transportation arrangements. Keep that correspondence with your immigration records.
Do not wait for the employer’s withdrawal confirmation before reviewing your own options. Your deadline analysis starts with the end of employment and authorized validity, not the date someone later sends a withdrawal notice.
Address an expired deadline immediately
Once the grace period lapses, options inside the United States narrow, and unlawful-presence questions arise. Do not assume that being out of status and accruing unlawful presence are identical determinations.
If the deadline may already have passed, provide the complete timeline. We need to assess the actual records before discussing any remaining filing or departure strategy. An assumption that the deadline was missed should not replace a document review, and an assumption that extra time exists should not delay one.
How Atlas Can Help
We review your employment end date, I-94, approval notices, family status records, and any employer offer or green card filings. We use those documents to identify the deadline, assess available routes, and explain what evidence a proposed filing would require.
You leave the consultation with a clearer understanding of the available options, outstanding questions, and next steps. If we can help, we quote a flat fee in writing. During representation, our Atlas Vision client portal keeps questionnaires, document uploads, filed forms, and status updates in one place.
We serve clients remotely nationwide and have an office at 1920 McKinney Ave, Dallas. Request a free 20-minute consultation at [/contact](/contact) or call (945) 219-5599. Tell us your employment end date and I-94 expiration when you reach out.
Frequently asked questions
Do I automatically receive 60 days after an H-1B layoff?
No. The rule provides up to 60 consecutive days or until authorized validity ends, whichever is shorter, once per authorized validity period. DHS may shorten or eliminate the period as a matter of discretion.
Does severance delay the start of the grace period?
Severance paid after employment ends does not extend employment for this calculation. The period begins the day after employment ends. Conflicting employment and payroll records should be reviewed.
Can I start a new H-1B job before petition approval?
An H-1B worker eligible for portability under INA 214(n) may start qualifying new employment when the new employer’s non-frivolous H-1B petition is properly filed. A job offer alone does not authorize employment.
Does an expiring visa stamp mean I must leave immediately?
Not necessarily. Visa-stamp expiration and the expiration of authorized stay are different. Review the I-94 and applicable status records to determine the deadline.
Can I work because my I-485 is pending?
A pending I-485 alone does not authorize employment. You must have a valid EAD or another valid basis for work authorization. AC21 job portability requires a separate eligibility review.
What should my employer do after laying off an H-1B worker?
Notify USCIS in writing that the employment ended, withdraw the LCA with the Department of Labor, and offer the reasonable cost of return transportation if the worker was dismissed before the end of the petition period. Ask for the termination letter with the last day of employment, because the grace period is counted from that date.
This guide is part of our work visa services for employers — the service page covers eligibility, fees, and how we handle these cases.
Founder & Managing Attorney, Atlas Immigration Law
Member of the American Immigration Lawyers Association (AILA) and the Dallas Bar Association. Licensed to practice in Texas; fluent in English and Spanish.
Legally reviewed by a licensed immigration attorney
Talk to an immigration attorney about your case
Free consultation on request, flat fees, and a dedicated paralegal who knows your case — serving clients in all 50 states.
This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration law and procedures change, and how they apply depends on your specific facts — consult a licensed immigration attorney about your situation.