Last updated May 2, 2026

H-1B Laid Off: What to Do in Hour 1, Day 1, and Week 1

If you were just laid off on H-1B, your 60-day grace period under 8 CFR 214.1(l)(2) starts the day after your final paystub. This page is the action plan — what to do today, this week, and this month, in the order it actually matters.

Hour 1 — what to do right now

Three things in the next 60 minutes. Nothing else matters yet.

1. Save the termination email or letter. Forward it to a personal email address you control. Do not delete the work email account before you have local copies.
2. Pull your I-94 record from i94.cbp.dhs.gov. The “admit until” date and class of admission are the controlling status entries. Save the PDF.
3. Calculate your day-60 deadline. Add 60 calendar days to your last working day. Add it to your phone calendar with a 14-day-out reminder. This is the hard backstop.

Don’t do anything else for an hour. Eat something. Tell a person you trust. The next steps benefit from a clearer head.

First 24 hours

• Confirm the last-day-of-work date with HR. Some companies count the last in-office day; others count the last day on the payroll. The grace clock follows the last day of compensable employment, which is usually the latter. Get it in writing.
• Ask HR whether the H-1B petition will be withdrawn. Some employers file Form I-129 to formally revoke; others do not. The answer affects your status timing. If HR can’t tell you, ask them to commit to a date when they will know.
• Save your last 6 months of paystubs.Most are available in the company’s payroll portal until your account is deactivated — usually within 30 days post-exit. Download them now.
• Save all H-1B I-797 approval notices. Original copies (paper or PDF) of every I-797A or I-797B from the current and prior employers.
• If a job offer is already in motion, contact the new employer’s HR. Tell them today — the immigration attorney they use for I-129 filings often has a 5–10 business day intake window, and earlier is materially safer.

Days 1–7: stabilize

• File for state unemployment insurance if eligible. This does not affect your H-1B status— the H-1B is about authorization to work for a specific employer, not about UI eligibility. State rules vary on whether nonimmigrants qualify; check your state’s portal.
• Update your resume to the most current role, dates, and accomplishments. Most laid-off H-1B holders haven’t job searched in 2–4 years; budget a real day for this.
• Set your LinkedIn to #OpenToWorkwith the “visa sponsorship needed” filter visible. Recruiters specifically search for this.
• Make a list of cap-counted target employers (large tech, finance, consulting) AND cap-exempt employers (universities, nonprofit research orgs, government research). Cap-exempt H-1B doesn’t wait for the lottery and can file year-round.
• Print or save your I-94 history— the full timeline, not just the most recent admission. This often comes up later in change-of-status filings.
• Do NOT begin work for any new employer until USCIS receipts the new I-129. Working before receipt voids your portability protection.

Weeks 2–4: execute

By day 14 you’ll have visibility into whether a transfer is realistic. The strategic question is whether to pursue the transfer alone, or file a parallel I-539 to B-2 as a backstop.

• If a transfer offer is firm:the new employer’s counsel files the I-129 with premium processing. Make sure the filing is RECEIVED by USCIS, not just mailed.
• If a transfer is uncertain: begin assembling the I-539 cover letter and supporting documents in parallel. I-539 to B-2 is filed by you (not an employer), so it can move on your timeline.
• If a return home is more likely: begin the departure checklist (lease, car, 401(k), bank, school records). Departing within the 60-day window preserves the cleanest visa history.

The decision tree at day 30

The reason most plans fail is indecision at day 30. By day 30, you should know:

1. Whether at least one transfer offer is plausible by day 50.
2. If not, whether you’ll file an I-539 to B-2 or depart.
3. What documents are still missing for whichever path you pick.

Pick. Filing two paths in parallel is fine; filing nothing because you’re still weighing options is what produces a day-60 emergency.

Days 50–60: hold the deadline

• Confirm receipt notice. Form I-797C with a receipt number is your evidence that the filing was timely. Keep it forever.
• For transfer filings, this receipt is also your work authorization document under portability — you can begin working for the new employer on the receipt date.
• If the deadline is hours away and the filing isn’t in USCIS hands: book a flight. Departing on day 60 is far better than overstaying.

Things not to do

• Don’t work, even unpaid, for anyone. The grace period preserves status, not work authorization. Helping a friend’s startup “just for a week” can violate H-1B terms.
• Don’t leave the US and try to re-enter on the H-1B during the grace period. Re-entry is technically possible but adjudicated case-by-case; CBP can refuse entry if they conclude the H-1B is no longer valid (e.g., the employer revoked).
• Don’t share your I-94 number, A-number, or receipt numbers on Reddit / Discord / Slack. Identity theft of immigration records is real.
• Don’t accept advice from anyone who isn’t a licensed immigration attorney as legal advice. That includes this page. We cite USCIS regulations and policy; we don’t represent you.

When to call a lawyer

Same red flags as on the grace period explainer: employer revocation filed, fewer than 14 days remaining, prior visa denial or NTA, approved I-140 with current priority date, considering concurrent employment.

AILA Lawyer Search is the free directory most attorneys recommend. Some firms specifically offer reduced-fee or free initial consultations during mass-layoff events — ask the receptionist whether the firm has a layoff-response program.

Get the personalized version

This page is the universal action plan. Your specific dates, family situation, asset profile, and considered pathways change which steps actually apply. Our intake form generates an 8–12 page personalized PDF in about 90 seconds from $29.

Disclaimer:This is an information-only article citing public regulations. It is not legal advice and does not create an attorney–client relationship. Immigration adjudication practice changes; verify against current USCIS guidance before acting. When in doubt, consult an immigration attorney.