H-1B visa holders are skilled professionals in the U.S., but they are not fully protected from sudden job loss. A layoff can bring immediate immigration consequences, including the risk of losing legal status.
Recently, a 29-year-old H-1B worker shared his story of being laid off just weeks after returning to the U.S. He had worked for the same employer since 2021, and though his H-1B was approved in 2024, he lost his job shortly after moving back.
Immigration attorney Rahul Reddy explains that many H-1B workers believe they are safe until it’s too late. He stresses the importance of having a backup plan in place before a layoff happens.
Once laid off, H-1B holders typically have a 60-day grace period to find a new job, change their visa status, or leave the U.S. This grace period only applies if the person is in the U.S., has a valid I-94, and hasn’t violated visa rules.
Common mistakes include assuming job stability, not having a secondary plan, and underestimating the importance of acting quickly. Reddy outlines key Plan B options during the grace period:
- B-2 visitor status: Provides time to plan next steps, though doesn’t allow work.
- F-1 student status: Allows return to study if timelines match.
- H-4 dependent status: For those with spouses on H-1B; may allow work via H-4 EAD.
- Returning home: Lawful option, but future return under new rules could involve high fees or risks.
Reports are rising of workers receiving deportation Notices to Appear (NTAs) even before the 60-day grace is over. Some have received notices within two weeks, raising the risk of permanent bans if they overstay.
