H-1B Laid off
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      1. The White Paper for F1 Students
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      Laid off During H-1B

      This article explains what steps to take if you're laid off during your H-1B and explores the backup options you can consider.

      Confirm Your Grace Period

      H-1B holders have a 60-day grace period after being laid off. If you cannot find a job or change to another status within this period, you must leave the country. Therefore, understanding your grace period is crucial after you are laid off.

      Your grace period starts from your employment termination date. The later this date is set, the more it benefits you.

      Note:

      Your employment termination date may not be your last working day. Typically, it refers to the last day you receive a paycheck.

      • You can extend your employment end date by applying for a period of unpaid leave. For example, when Uber had major layoffs, they helped employees extend their grace period legally to 90 days by doing this.

      • Be sure to ask HR for a proof of employment letter that clearly states the final employment termination date. Since employment status is often verified through paychecks, it can be problematic if you postpone your employment termination date through unpaid leave. In this case, the proof of employment letter will serve as evidence to USCIS.

       

      Look for Jobs Promptly and Follow Up Actively

      Caution:

      The 60-day grace period includes the time for processing an H-1B transfer, which usually takes 1.5 to 2 weeks. Therefore, you have roughly a month and a half to apply for jobs and attend interviews.

      Given past cases where companies withdrew offers, it is crucial to keep the following points in mind while job hunting during the grace period:

      1. Actively follow up with HR and complete the onboarding process as soon as you receive a verbal offer.

      2. Do not stop interviewing with other companies just because you received a verbal offer from one. Instead, you should interviewing until one of the companies starts processing your H-1B transfer.

       

      Backup Plan: Change of Status

      If you are worried about not finding a job during the grace period, you should have a backup plan. A common and practical option is to change your status within the U.S. during the grace period. Common options include:

      • Change to B-1/B-2: Although B-1/B-2 status does not allow you to work in the U.S., it permits you to look for jobs and attend interviews. Once you find a job, your new employer can help you change back to H-1B status, allowing you to continue working in the U.S.
      • Change to F-2/H-4: Consider changing to a dependent status. If your spouse holds H-1B status, you can change to H-4. If your spouse holds F-1 status, you can switch to F-2.
      • Change to F-1: Apply to a university and get admitted to a new program. After receiving the new school's I-20, you can submit Form I-539 to USCIS to change your status within the U.S. If necessary, you can also submit Form I-797 for premium processing. Once enrolled in a program, you may work under CPT. If you find a suitable job, you can change back to H-1B.