H-1B Layoff in 2026: Your 60-Day Grace Period Options

Losing an H-1B job is stressful, but your options are usually broader than they first appear. Most workers may use a discretionary grace period of up to 60 days (or until I-94 expiration, whichever is shorter). The key is to act quickly and document every step.

Option 1: File an H-1B Transfer Fast

A new employer can file a nonfrivolous H-1B petition during your grace period. In many cases, you may begin working for the new employer upon proper filing under portability rules. Keep proof of your termination date, final pay records, and the filing receipt.

Option 2: Change to Another Status

If a transfer is not ready, you may file to change status, such as to B-2, to preserve time for job search planning. A well-prepared filing should explain why you need additional time and include financial documents, a statement of intent, and travel/passport records.

Option 3: Prepare for Departure While Preserving Future Options

If no filing is possible, timely departure can still protect long-term immigration goals. A clean compliance history may support future visa processing.

Evidence Checklist

• Termination notice or separation email
• Last pay stubs and W-2/offer documents
• Current I-94 and passport biographic page
• Prior H-1B approval notices
• New offer letter (if available)
• Filing receipts for any pending case

Common Mistakes

• Waiting until the last week to start
• Assuming verbal offers are enough
• Letting I-94 expiration pass without action

At New Horizons Legal, we help clients build rapid-response plans after layoffs, including transfer strategy, backup change-of-status filings, and consular processing contingencies.