Losing a job can be a stressful experience for anyone, but for H-1B visa holders, a layoff brings with it additional complications that must be addressed swiftly and strategically. The U.S. immigration system allows a limited grace period for H-1B workers to either find a new employer, change visa status, or leave the country. Missteps during this period can lead to visa violations and future immigration consequences.
At Mantra Law Office, we’ve helped countless clients navigate this delicate transition. Here are the top mistakes H-1B workers make after a layoff—and how to avoid them.
1. Misunderstanding the 60-Day Grace Period
Mistake:
Assuming they have unlimited time to stay in the U.S. after termination.
The Reality:
H-1B workers are allowed a 60-day grace period or until the end of their I-94 validity period (whichever is shorter) to find a new employer or change status.
How to Avoid It:
- Act quickly. Start your job search immediately.
- Keep documentation of your termination date and severance terms.
- Consult with an immigration attorney early to map out your timeline and options.
2. Waiting Too Long to File a New H-1B Petition
Mistake:
Delaying the transfer process after securing a new job offer.
The Reality:
Your new employer must file a petition with USCIS within the 60-day grace period. Simply receiving a job offer isn’t enough.
How to Avoid It:
- Push your prospective employer to file the petition ASAP.
- Use premium processing to expedite approval.
- Track your calendar carefully—every day counts.
3. Overlooking Other Visa Options
Mistake:
Focusing only on transferring the H-1B without exploring alternative statuses.
The Reality:
Depending on your situation, you might qualify for:
- B-1/B-2 visitor visa (to buy time)
- F-1 student visa
- H-4 (spouse of H-1B holder)
- O-1 or other employment-based visas
How to Avoid It:
- Discuss all available visa options with an immigration attorney.
- Understand timelines and eligibility requirements for each option.
4. Ignoring Status Gaps and I-94 Validity
Mistake:
Failing to monitor their visa expiration and authorized stay period.
The Reality:
Even if you’re within the 60-day grace period, you cannot stay in the U.S. beyond your I-94 expiration date without violating status.
How to Avoid It:
- Check your I-94 expiration date at https://i94.cbp.dhs.gov.
- Plan to leave the U.S. or change status before that date if no employment materializes.
5. Assuming Severance Pay Extends H-1B Status
Mistake:
Believing that being on severance means they’re still employed and in status.
The Reality:
Your H-1B status is tied to active employment. Severance packages may provide income, but not legal immigration status.
How to Avoid It:
- Clarify your employment end date with HR.
- Use the actual termination date—not severance end—to calculate your grace period.
6. Not Informing USCIS About Status Changes
Mistake:
Failing to file for a change of status or notifying USCIS of updates.
The Reality:
Maintaining transparency and timely filings is crucial to avoid being flagged for violations.
How to Avoid It:
- Work with an experienced immigration attorney to ensure all filings are completed on time.
- Keep copies of all submissions and confirmations from USCIS.
7. Not Considering Travel Restrictions or Re-entry Issues
Mistake:
Leaving the U.S. during the grace period without understanding re-entry implications.
The Reality:
Once you leave the U.S., your grace period ends. You cannot return unless you have a valid visa and approved petition.
How to Avoid It:
- Avoid international travel unless absolutely necessary.
- If you must travel, consult with a legal expert first.
8. Taking Legal Advice from Unofficial Sources
Mistake:
Relying on online forums, social media, or hearsay.
The Reality:
Immigration law is complex and varies from case to case. Misinformation can be dangerous.
How to Avoid It:
- Always seek personalized legal counsel.
- Choose a law firm that specializes in immigration—like Mantra Law Office.
Final Thoughts
A layoff while on an H-1B visa is not the end of the road, but it is a time-sensitive legal issue that requires informed decisions and immediate action. By avoiding these common pitfalls and working with a trusted immigration attorney, you can stay compliant and continue your journey in the United States.
Need Guidance?
At Mantra Law Office, we specialize in employment-based immigration and can help you navigate layoffs, H-1B transfers, status changes, and long-term immigration strategies.
