Losing a job is stressful under any circumstances, but for someone in H-1B status it also raises an immediate legal question. Does the visa disappear the moment employment ends, or is there time to figure out what comes next.
A Discretionary Window Follows Job Loss
Federal regulations allow certain nonimmigrant workers, including those in H-1B status, to be considered as maintaining status for up to 60 consecutive calendar days after employment ends, or until the end of the authorized validity period on file, whichever comes first. According to USCIS guidance on options for terminated nonimmigrant workers, this grace period gives a worker room to pursue a new job, change status, or prepare to leave the country, rather than falling out of status the moment a termination takes effect.
The Clock Starts On The Last Day Of Actual Employment
The grace period generally begins the day after the final day for which wages were actually paid, not the date severance payments stop or the date HR finishes offboarding paperwork. Severance pay on its own does not extend the grace period or delay when it starts, which surprises many workers who assume continued pay means continued status, and Dworsky Law Firm often hears from clients only after that misunderstanding has already eaten into their window.
Transferring To A New Employer Is Often The Fastest Path
If a new employer is ready to move forward, a Skokie Work visa lawyer can help that employer file a new H-1B petition on the worker’s behalf quickly. Thanks to portability rules, an eligible worker can typically begin working for the new employer as soon as that petition is properly filed with USCIS, without waiting for it to be formally approved. This can make transferring to a new sponsor considerably faster than other options available during the grace period.
Changing To A Different Status Is Another Option
A worker who does not have a new H-1B offer lined up may instead file an application to change to a different nonimmigrant status, timed to be submitted before the grace period or current authorized stay runs out. A timely filed, non-frivolous change of status application generally stops the accrual of unlawful presence while it remains pending, even if the decision comes after the original grace period would have otherwise expired.
What Happens If No Action Is Taken During That Window
If the 60 day period passes without a new petition or a change of status application on file, the worker and any dependents may need to depart the United States, since remaining beyond that point without a pending, timely filed request can put lawful status at risk.
Steps Worth Taking Right After A Termination
A few practical steps can make a real difference during a stressful window:
- Confirm the exact last day of paid employment, since that date starts the clock
- Request a copy of the termination letter and final pay stub for the file
- Note the expiration date on the current I-94 record, since it can shorten the window
- Begin evaluating job offers or status change options immediately rather than waiting
Getting Help Deciding Which Path Fits A Skokie Worker’s Situation
Every situation looks different depending on whether a new offer is already available, whether a status change makes more sense, and how much time remains on the current I-94. A Skokie Work visa lawyer can help sort through these options quickly, since the 60 day window leaves little room for delay.
The 60 day clock does not pause for indecision, and the strongest option often depends on details that only become clear after a closer look at the timeline. If you were recently laid off while in H-1B status in Skokie, reach out to our office to go over your options before the grace period runs out.
