The 60-Day Countdown: Your Complete Action Plan When You Lose Your H-1B Job
Being laid off on H-1B gives you 60 days to find a new sponsor or leave the U.S. Here's your day-by-day action plan to maximize your chances of staying.
Quick Answer
When you lose your H-1B job, you have a 60-day grace period to find a new sponsor, change status, or leave the U.S. Your immediate priorities: (1) confirm your grace period start date, (2) apply to 50+ jobs immediately, (3) explore change of status options (B-1/B-2, F-1), (4) consider O-1 if you have evidence, and (5) negotiate severance that protects your immigration status. The key is moving fast—most successful outcomes require action in the first 2 weeks.
Key Takeaways
60 days is firm: Your grace period starts the day your employment ends, not when you receive severance or COBRA.
The first 2 weeks are critical: Most people who stay successfully find solutions in days 1-14.
You have 4 main options: Find new H-1B sponsor, file change of status to B-1/B-2, return to school (F-1), or file O-1 if you have evidence.
Severance can buy time: Negotiate for your employer to keep you on payroll (even at reduced salary) to extend your grace period.
Document everything: Save all termination documents, I-797s, pay stubs, and correspondence.
Don't wait to act: Starting job search on day 30 means you likely won't succeed.
Key Takeaways
60 days is firm: Your grace period starts the day your employment ends, not when you receive severance or COBRA.
The first 2 weeks are critical: Most people who stay successfully find solutions in days 1-14.
You have 4 main options: Find new H-1B sponsor, file change of status to B-1/B-2, return to school (F-1), or file O-1 if you have evidence.
Severance can buy time: Negotiate for your employer to keep you on payroll (even at reduced salary) to extend your grace period.
Document everything: Save all termination documents, I-797s, pay stubs, and correspondence.
Don't wait to act: Starting job search on day 30 means you likely won't succeed.
Table of Content
Understanding Your 60-Day Grace Period
What the grace period means:
You can remain in the U.S. for 60 days after your H-1B employment ends
You cannot work during this period
You must find a solution before the 60 days expire or leave the U.S.
When it starts:
Your last day of employment (not your last day of severance pay)
If you're terminated on March 1, your grace period is March 1 - April 29
What happens if you don't find a solution:
You must leave the U.S. by day 60
Staying beyond 60 days = unlawful presence
Unlawful presence of 180+ days triggers 3-year bar from re-entering U.S.
Day 1-3: Immediate Actions
Hour 1: Confirm Your Status
Request termination letter from employer stating your last day of employment
Confirm your I-797 is still valid
Calculate your 60-day deadline (last day of employment + 60 days)
Hour 2-24: Document Everything
Scan/photograph: I-797, passport, I-94, pay stubs, offer letter, termination letter
Download USCIS case history
Create a folder with all immigration documents
Day 1-3: Alert Your Network
Message 100+ LinkedIn connections about your job search
Post discreetly on LinkedIn (if comfortable): "Open to new opportunities"
Email former colleagues, managers, and industry contacts
Join H-1B job boards and Slack/Discord communities
Day 1-3: Apply to 20+ Jobs Daily
Target companies known for H-1B sponsorship (Big Tech, consulting, finance)
Use H1BGrader.com to identify companies with high H-1B approval rates
Mention in applications: "I have valid H-1B status and need transfer sponsorship"
Apply to cap-exempt positions (universities, nonprofits, research institutions)
Day 4-7: Explore All Options Simultaneously
Option 1: H-1B Transfer (Primary Path)
Who this works for: Most H-1B workers with job offers
Timeline: New employer files H-1B transfer, you can start working once filed (not when approved)
Action steps:
Apply to 50+ jobs in first week
Target roles at companies with immigration support
Network aggressively for referrals
Consider accepting lower salary/title to maintain status
Option 2: Change of Status to B-1/B-2 (Visitor)
Who this works for: Anyone needing more time to find H-1B sponsor or considering other visas
Benefits: Buys 6 months to continue job search, explore O-1, or prepare to leave U.S.
Risks:
Cannot work on B-1/B-2
USCIS may deny if they suspect you're trying to work
Changing back to H-1B from B-1/B-2 can be scrutinized
Action steps:
File I-539 (change of status) before day 60
Filing fee: $420
Include proof you can support yourself without working
Timeline: 6-12 months processing (can stay while pending)
Option 3: Return to School (F-1)
Who this works for: Those open to getting another degree or considering Day 1 CPT programs
Benefits:
Legitimate status for 1-2+ years
Day 1 CPT programs allow immediate work authorization
Can continue building O-1 evidence
Risks:
Must pay tuition ($5K-$50K depending on program)
Day 1 CPT programs are scrutinized by USCIS
May delay career progression
Action steps:
Research accredited universities with quick enrollment
Apply to programs starting within 60 days
Consider online programs for flexibility
Option 4: File O-1 (If You Have Evidence)
Who this works for: High achievers with press, awards, speaking, judging, or strong publications
Benefits:
No lottery
Can work for multiple employers
Builds toward EB-1A green card
Requirements: Must meet 3 of 8 O-1 criteria with strong evidence
Action steps:
Assess evidence immediately (use OpenSphere evaluation)
Find employer or agent willing to petition
File with premium processing ($2,805 for 15-day decision)
Timeline: Can file and get decision within 30 days if prepared
Day 8-14: Execute Your Strategy
If pursuing H-1B transfer:
Follow up on all applications
Accept first reasonable offer
New employer files H-1B transfer immediately
You can start working once filed (not when approved)
If filing B-1/B-2 change of status:
Gather financial documents (bank statements, support letters)
Write statement explaining your intentions
File I-539 online
You can remain while application is pending
If pursuing F-1:
Complete school applications
Pay deposits
Request I-20
File change of status to F-1
If filing O-1:
Compile all evidence
Secure 5-7 recommendation letters
Work with attorney to file petition
File with premium processing
Day 15-30: Intensify Efforts
If no offers yet:
Expand geographic search (willing to relocate?)
Consider contract/consulting roles that can sponsor
Lower salary/title expectations
Reach out to recruiting agencies specializing in H-1B
Parallel track: Prepare to leave
Book refundable flights for day 58-60
Begin packing non-essentials
Arrange shipping for belongings
Update resume for international job search
Day 31-60: Final Push
If you have an offer:
Push employer to file immediately
Offer to pay filing fees if that accelerates
Consider premium processing if employer agrees
If no offer yet:
File B-1/B-2 change of status if you haven't already (last resort)
Finalize departure plans
Close bank accounts, cancel lease, ship belongings
Day 58-60:
If no solution, leave the U.S. by day 60
Do not overstay (creates 3-year or 10-year bars)
Negotiating Severance to Extend Your Grace Period
The strategy: Ask employer to keep you on payroll at reduced salary instead of lump sum severance.
Example:
Instead of: $30K lump sum severance
Negotiate: Stay on payroll at $5K/month for 6 months
Why this works: Your grace period doesn't start until employment truly ends. Staying on payroll extends your H-1B status.
When this works: Employer must agree, and you must perform some work (even minimal).
How OpenSphere Helps During Your 60-Day Window
Instant Eligibility Assessment: Input your situation, OpenSphere tells you which options are viable: H-1B transfer (likelihood based on your profile), B-1/B-2 (pros/cons for your case), O-1 (do you have evidence?), F-1 (programs that fit your timeline).
Day-by-Day Action Plan: Based on your profile and goals, OpenSphere creates customized timeline with specific actions for each day.
O-1 Fast-Track Evaluation: If you have potential O-1 evidence, OpenSphere evaluates whether you can file in 30-45 days.
Comparison Table: Your 4 Main Options
Option | Timeline | Can You Work? | Cost | Best For |
H-1B Transfer | Start working when filed | Yes | $0-$5K (employer pays) | Anyone with job offer |
B-1/B-2 Change | 6 months granted | No | $420 | Buying time to find H-1B or O-1 |
F-1 School | Immediate (with Day 1 CPT) | Yes (with CPT) | $5K-$50K/year | Open to studying or need work auth |
O-1 | 15 days (premium) | Yes | $8K-$18K | High achievers with evidence |
Just lost your H-1B job? Need to evaluate all your options and create a 60-day action plan?
Take the OpenSphere evaluation. You'll get instant assessment of which paths are viable and a day-by-day roadmap.
Understanding Your 60-Day Grace Period
What the grace period means:
You can remain in the U.S. for 60 days after your H-1B employment ends
You cannot work during this period
You must find a solution before the 60 days expire or leave the U.S.
When it starts:
Your last day of employment (not your last day of severance pay)
If you're terminated on March 1, your grace period is March 1 - April 29
What happens if you don't find a solution:
You must leave the U.S. by day 60
Staying beyond 60 days = unlawful presence
Unlawful presence of 180+ days triggers 3-year bar from re-entering U.S.
Day 1-3: Immediate Actions
Hour 1: Confirm Your Status
Request termination letter from employer stating your last day of employment
Confirm your I-797 is still valid
Calculate your 60-day deadline (last day of employment + 60 days)
Hour 2-24: Document Everything
Scan/photograph: I-797, passport, I-94, pay stubs, offer letter, termination letter
Download USCIS case history
Create a folder with all immigration documents
Day 1-3: Alert Your Network
Message 100+ LinkedIn connections about your job search
Post discreetly on LinkedIn (if comfortable): "Open to new opportunities"
Email former colleagues, managers, and industry contacts
Join H-1B job boards and Slack/Discord communities
Day 1-3: Apply to 20+ Jobs Daily
Target companies known for H-1B sponsorship (Big Tech, consulting, finance)
Use H1BGrader.com to identify companies with high H-1B approval rates
Mention in applications: "I have valid H-1B status and need transfer sponsorship"
Apply to cap-exempt positions (universities, nonprofits, research institutions)
Day 4-7: Explore All Options Simultaneously
Option 1: H-1B Transfer (Primary Path)
Who this works for: Most H-1B workers with job offers
Timeline: New employer files H-1B transfer, you can start working once filed (not when approved)
Action steps:
Apply to 50+ jobs in first week
Target roles at companies with immigration support
Network aggressively for referrals
Consider accepting lower salary/title to maintain status
Option 2: Change of Status to B-1/B-2 (Visitor)
Who this works for: Anyone needing more time to find H-1B sponsor or considering other visas
Benefits: Buys 6 months to continue job search, explore O-1, or prepare to leave U.S.
Risks:
Cannot work on B-1/B-2
USCIS may deny if they suspect you're trying to work
Changing back to H-1B from B-1/B-2 can be scrutinized
Action steps:
File I-539 (change of status) before day 60
Filing fee: $420
Include proof you can support yourself without working
Timeline: 6-12 months processing (can stay while pending)
Option 3: Return to School (F-1)
Who this works for: Those open to getting another degree or considering Day 1 CPT programs
Benefits:
Legitimate status for 1-2+ years
Day 1 CPT programs allow immediate work authorization
Can continue building O-1 evidence
Risks:
Must pay tuition ($5K-$50K depending on program)
Day 1 CPT programs are scrutinized by USCIS
May delay career progression
Action steps:
Research accredited universities with quick enrollment
Apply to programs starting within 60 days
Consider online programs for flexibility
Option 4: File O-1 (If You Have Evidence)
Who this works for: High achievers with press, awards, speaking, judging, or strong publications
Benefits:
No lottery
Can work for multiple employers
Builds toward EB-1A green card
Requirements: Must meet 3 of 8 O-1 criteria with strong evidence
Action steps:
Assess evidence immediately (use OpenSphere evaluation)
Find employer or agent willing to petition
File with premium processing ($2,805 for 15-day decision)
Timeline: Can file and get decision within 30 days if prepared
Day 8-14: Execute Your Strategy
If pursuing H-1B transfer:
Follow up on all applications
Accept first reasonable offer
New employer files H-1B transfer immediately
You can start working once filed (not when approved)
If filing B-1/B-2 change of status:
Gather financial documents (bank statements, support letters)
Write statement explaining your intentions
File I-539 online
You can remain while application is pending
If pursuing F-1:
Complete school applications
Pay deposits
Request I-20
File change of status to F-1
If filing O-1:
Compile all evidence
Secure 5-7 recommendation letters
Work with attorney to file petition
File with premium processing
Day 15-30: Intensify Efforts
If no offers yet:
Expand geographic search (willing to relocate?)
Consider contract/consulting roles that can sponsor
Lower salary/title expectations
Reach out to recruiting agencies specializing in H-1B
Parallel track: Prepare to leave
Book refundable flights for day 58-60
Begin packing non-essentials
Arrange shipping for belongings
Update resume for international job search
Day 31-60: Final Push
If you have an offer:
Push employer to file immediately
Offer to pay filing fees if that accelerates
Consider premium processing if employer agrees
If no offer yet:
File B-1/B-2 change of status if you haven't already (last resort)
Finalize departure plans
Close bank accounts, cancel lease, ship belongings
Day 58-60:
If no solution, leave the U.S. by day 60
Do not overstay (creates 3-year or 10-year bars)
Negotiating Severance to Extend Your Grace Period
The strategy: Ask employer to keep you on payroll at reduced salary instead of lump sum severance.
Example:
Instead of: $30K lump sum severance
Negotiate: Stay on payroll at $5K/month for 6 months
Why this works: Your grace period doesn't start until employment truly ends. Staying on payroll extends your H-1B status.
When this works: Employer must agree, and you must perform some work (even minimal).
How OpenSphere Helps During Your 60-Day Window
Instant Eligibility Assessment: Input your situation, OpenSphere tells you which options are viable: H-1B transfer (likelihood based on your profile), B-1/B-2 (pros/cons for your case), O-1 (do you have evidence?), F-1 (programs that fit your timeline).
Day-by-Day Action Plan: Based on your profile and goals, OpenSphere creates customized timeline with specific actions for each day.
O-1 Fast-Track Evaluation: If you have potential O-1 evidence, OpenSphere evaluates whether you can file in 30-45 days.
Comparison Table: Your 4 Main Options
Option | Timeline | Can You Work? | Cost | Best For |
H-1B Transfer | Start working when filed | Yes | $0-$5K (employer pays) | Anyone with job offer |
B-1/B-2 Change | 6 months granted | No | $420 | Buying time to find H-1B or O-1 |
F-1 School | Immediate (with Day 1 CPT) | Yes (with CPT) | $5K-$50K/year | Open to studying or need work auth |
O-1 | 15 days (premium) | Yes | $8K-$18K | High achievers with evidence |
Just lost your H-1B job? Need to evaluate all your options and create a 60-day action plan?
Take the OpenSphere evaluation. You'll get instant assessment of which paths are viable and a day-by-day roadmap.
Frequently Asked Questions
1. Can I work during my 60-day grace period?
No. The grace period allows you to remain in the U.S. but not work.
2. Does severance pay extend my grace period?
No. Your grace period starts on your last day of employment, not your last day of severance pay. However, staying on payroll (even at reduced salary) extends your H-1B status.
3. Can I travel during my grace period?
It's risky. If you leave the U.S., your H-1B is considered abandoned. You'd need a new visa to return.
4. What if I find a job on day 59?
Your new employer can file H-1B transfer on day 59. As long as it's filed before your grace period expires, you're protected while it processes.
5. How long does H-1B transfer take?
Standard processing: 2-3 months. Premium processing: 15 days. But you can start working once it's filed (not when approved).
6. What if my H-1B transfer is denied?
If filed during grace period and denied, you must leave immediately. If you have time remaining in grace period, you can try another option.
7. Can I apply for multiple visas simultaneously?
Yes. You can have H-1B transfer pending and also file B-1/B-2 change of status or O-1 as backup.
8. What happens if I overstay my 60 days?
You accrue unlawful presence. 180+ days = 3-year bar. 1+ year = 10-year bar from re-entering U.S.
9. Can I volunteer or do unpaid work during grace period?
Gray area. Technically you can't work, even unpaid. Safest is to wait until you have work authorization.
10. Should I hire an immigration attorney?
If your case is straightforward (H-1B transfer), maybe not. If pursuing B-1/B-2, O-1, or have complications (prior denials, gaps in status), yes.
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