Understanding what happens when an employer withdraws or revokes your H-1B petition — your protections, grace periods, and immediate action steps.
One of the most stressful situations an H-1B worker can face is learning that their employer plans to withdraw or has already withdrawn their H-1B petition. Whether triggered by a layoff, termination, company downsizing, or a dispute, an H-1B withdrawal has immediate implications for your immigration status, work authorization, and ability to remain in the United States. However, H-1B workers have more protections than many realize — including the 60-day grace period, portability rights under AC21, and specific USCIS regulations governing the withdrawal process. This guide explains exactly what happens, what your rights are, and what steps to take immediately.
| Company | Total H-1B Filings |
|---|---|
| Amazon | 55,150 |
| Microsoft | 34,626 |
| 33,416 | |
| Infosys | 32,840 |
| Tata Consultancy Services | 28,950 |
| Cognizant | 26,700 |
| Deloitte | 18,200 |
| Apple | 15,800 |
| Meta | 14,900 |
| JPMorgan Chase | 12,400 |
When an employer decides to terminate an H-1B worker, they are required by regulation to notify USCIS of the termination by sending a withdrawal letter to the USCIS service center that approved the petition. This obligation exists regardless of whether the termination is voluntary (resignation) or involuntary (layoff, firing). The employer is also required to offer to pay the reasonable cost of return transportation to the worker's last country of residence — this is a legal obligation under 8 CFR 214.2(h)(4)(iii)(E), not a courtesy.
Upon termination, the H-1B worker enters a 60-day grace period (or until the end of their authorized H-1B validity, whichever is shorter). During this grace period, the worker retains lawful nonimmigrant status and can: (1) have a new employer file an H-1B transfer petition, (2) change to another nonimmigrant status (e.g., B-1/B-2, F-1), (3) file for adjustment of status if eligible, or (4) depart the United States. This grace period was codified in the 2017 final rule (8 CFR 214.1(l)(2)) and applies to all high-skilled nonimmigrant categories including H-1B, L-1, O-1, and TN.
Critically, the AC21 portability provision allows a new employer to file an H-1B transfer petition on your behalf even after your previous employment has ended, as long as you are within the 60-day grace period and have not violated your status. You can begin working for the new employer as soon as the petition is filed (not when it's approved). This portability right is one of the most powerful protections available to H-1B workers and should be exercised aggressively — start your job search immediately upon learning of a potential termination.
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Search H-1B Sponsors on Wisa →You have a 60-day grace period from your last day of employment (or until the end of your H-1B validity period, whichever is shorter). During these 60 days, you remain in valid nonimmigrant status and can have a new employer file an H-1B transfer petition. You can begin working for the new employer as soon as the transfer petition is received by USCIS — you do not need to wait for approval. If you cannot find a new sponsor within 60 days, you may also change to B-1/B-2 visitor status to extend your time in the U.S., though this does not provide work authorization.
While the employer is required to notify USCIS of the termination, there is no explicit regulatory requirement that they notify the employee of the H-1B withdrawal filing. However, since the withdrawal is tied to termination of employment, the termination itself should be communicated to you. Some employers withdraw the H-1B petition simultaneously with termination; others delay the notification to USCIS. Best practice: request written confirmation from your employer that includes your last day of employment and whether they have filed or will file the withdrawal with USCIS. This documentation is important for your 60-day grace period calculation.
Yes. Under 8 CFR 214.2(h)(4)(iii)(E), the employer who filed your H-1B petition is liable for the reasonable cost of return transportation to your last country of residence if you are dismissed before the end of the authorized H-1B period. This obligation applies regardless of whether the termination is involuntary (layoff/firing) or the employer's petition is withdrawn. The employer is NOT required to pay return transportation if you voluntarily resign. This is a legal obligation, not a courtesy — you can enforce it if the employer refuses. The employer must offer this in writing; you are not required to accept it if you plan to stay in the U.S.
The impact depends on which stage of the green card process you're in: (1) If PERM is pending — the PERM application is tied to the employer and is likely abandoned. (2) If PERM is approved but I-140 not filed — PERM is only valid for the petitioning employer. (3) If I-140 is approved — under AC21, an approved I-140 remains valid if it has been approved for 180 days or more, unless revoked for fraud. Your priority date is preserved and a new employer can file a new PERM/I-140 using that date. (4) If I-485 is pending 180+ days — you can change employers under AC21 portability to a 'same or similar' occupation without losing your adjustment application.