Losing your H-1B job triggers a 60-day grace period — a narrow window to find a new sponsor, transfer your status, or make other arrangements. Every day counts. This guide covers exactly what you can and cannot do during those critical 60 days.
The 60-day grace period for H-1B workers who lose their employment is one of the most critical and misunderstood provisions in U.S. immigration law. Introduced in 2017 under the Obama-era regulations, this grace period gives terminated H-1B workers up to 60 consecutive days to find a new employer to sponsor an H-1B transfer, change to another visa status, or prepare to depart the United States. This guide explains the rules, your options, and the best strategies for navigating this stressful period.
Quick Answer: When you lose your H-1B job (layoff, termination, or resignation), you have a 60-day grace period to: (1) find a new employer and file an H-1B transfer, (2) change to another visa status (B-1/B-2, F-1, etc.), or (3) prepare to depart the U.S. You cannot work during the grace period until a new H-1B transfer petition is filed. The 60-day clock starts on your last day of employment, not when you receive notice. Act immediately — do not wait.
| Company | Total H-1B Filings | Transfer Friendly |
|---|---|---|
| Amazon | 55,150 | Yes — expedited process |
| Microsoft | 34,626 | Yes — dedicated immigration team |
| 33,416 | Yes — fast transfers | |
| Infosys | 32,840 | Yes — high volume |
| Tata | 28,950 | Yes — high volume |
| Cognizant | 26,700 | Yes — active transfers |
| Deloitte | 18,200 | Yes — established process |
| Apple | 15,800 | Yes — fast processing |
| Meta | 14,900 | Yes — expedited |
| JPMorgan | 12,400 | Yes — banking sector leader |
The 60-day grace period begins on your last day of employment — not the day you receive a layoff notice, and not the end of any severance period (unless you remain on payroll). This distinction is critical. If your employer places you on "garden leave" or continues your salary for two weeks after notification, the 60-day clock starts when you are formally off payroll.
During the grace period, you are in valid H-1B status but are NOT authorized to work. You cannot freelance, consult, or perform any compensated work. The only exception: once a new H-1B transfer petition is filed (Form I-129), you can begin working for the new employer immediately under H-1B portability — even before the transfer is approved. This is why speed matters.
If you are unable to find a new H-1B sponsor within 60 days, you have options: (1) file a change of status to B-1/B-2 visitor status to remain in the U.S. while continuing your job search (this does not authorize work); (2) file a change of status to F-1 student status if you plan to return to school; (3) if you have a pending green card application (I-485), your status may be protected; (4) depart the U.S. before the 60-day period expires to avoid accruing unlawful presence.
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Search H-1B Sponsors on Wisa →No, you cannot work during the grace period itself. However, once a new employer files an H-1B transfer petition (Form I-129) on your behalf, you can begin working for that new employer immediately under H-1B portability rules — even before the transfer is approved. This is why finding a new sponsor quickly is critical.
The 60-day clock starts on your last day of actual employment — meaning your last day on payroll. If your employer gives you 2 weeks notice and your last day on payroll is 2 weeks later, the grace period starts on that last payroll day. Severance payments alone (without remaining on payroll) do not extend the start date.
Yes. Filing a change of status (COS) to B-1/B-2 is a common strategy when you cannot find a new H-1B sponsor within 60 days. File the COS before the 60-day grace period expires. While the COS is pending, you are generally in a period of authorized stay. B-2 status does not authorize employment but keeps you legally in the U.S.
If you remain in the U.S. beyond 60 days without filing a change of status or H-1B transfer, you begin accruing unlawful presence. Over 180 days of unlawful presence triggers a 3-year bar from re-entering the U.S.; over 365 days triggers a 10-year bar. This can have devastating consequences for future visa applications. Depart before the 60 days expire if you have no other options.