Essential Strategy for Indian Workers Facing H-1B Visa Layoffs

H-1B visa holders are skilled professionals employed in the United States, but they are not immune to layoffs. Losing a job can trigger immediate immigration consequences, including the risk of being out of status.

One such case involved a 29-year-old H-1B worker who shared his experience online after being laid off just weeks after returning to the U.S. He had continued working from India after his 2024 H-1B application was not selected, but after his visa was approved this year and he returned, his employment was suddenly terminated.

According to immigration lawyer Rahul Reddy, many H-1B workers mistakenly believe job loss won’t happen to them, often neglecting to prepare a backup plan. The 60-day grace period provided after termination may seem sufficient but moves quickly as workers try to find a new job or legal pathway.

The grace period only applies if the individual is in the U.S. at the time of termination, has a valid I-94, and has not violated visa rules. Delays in planning can lead to serious consequences, including deportation or bans from reentry.

There are several Plan B options for affected workers:

• B-2 Visitor Visa: Offers extra time without work authorization.
• F-1 Student Visa: Allows further studies if started within the grace period.
• H-4 Dependent Visa: Ideal if the spouse holds H-1B status and may allow work via EAD.
• Return Home: Legal but may trigger high fees and delays on return.

Recently, reports have risen of workers receiving deportation notices (NTAs) even before the 60-day window ends. Some attorneys now recommend exiting the U.S. promptly after termination to avoid penalties.

H-1B visa, layoff, grace period, immigration status, deportation