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Laid off on an H-1B: a job search plan for the 60-day grace period

Last reviewed 2026-10-12

After your H-1B job ends you generally have a grace period of up to 60 consecutive days, or until your authorized stay ends if that is sooner, to stay in the US while you act. Within it, a new employer can file an H-1B petition for you (usually without a new lottery), you can file to change status, or you can leave. The clock starts the day after your last day of employment, so start the search immediately.

How the grace period works

Federal rules allow H-1B and several other workers a grace period of up to 60 consecutive days, or until the end of their authorized validity period if that comes first, once per authorized validity period. You cannot work during it unless another authorization applies.

USCIS lists the options available within the period: a new employer files a non-frivolous petition for you, you file to change to another status, you apply for adjustment of status, you apply for a compelling circumstances EAD if eligible, or you depart. Your last paycheck date is not necessarily your last day of employment, so confirm the date with HR and an attorney.

A week-by-week plan

  1. Days 1–3: confirm your exact last day of employment, book an immigration attorney consult, and update your resume while your projects are fresh.
  2. Days 1–7: build a target list from employers that have filed H-1Bs for your job title recently (USCIS H-1B Employer Data Hub, DOL LCA data), plus cap-exempt employers.
  3. Week 2 onward: apply daily, tailoring each application. Open every recruiter conversation with "H-1B transfer, already cap-counted, no lottery needed".
  4. Weeks 3–6: push interviewing companies on timing. A new employer needs time to get a certified LCA before filing, so ask about their process early.
  5. Throughout: keep your attorney updated on dates so a backup (change of status or departure) is ready if a transfer will not be filed in time.

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Common questions

How long is the H-1B grace period after a layoff?

Up to 60 consecutive days, or until the end of your authorized stay if that comes sooner. It is available once per authorized validity period.

Can I work during the 60-day grace period?

Not on your old H-1B. You may be able to start with a new employer once it files an H-1B petition for you, if you qualify for portability. Confirm with an immigration attorney before starting.

Do I need to win the H-1B lottery again to change jobs?

Usually not. If you were already counted against the H-1B cap, a new employer’s petition is generally cap-exempt within your six-year limit.

Sources

Laid off on an H-1B: a job search plan for the 60-day grace period | tailr