H1B grace period

Laid Off at Google, Meta, Amazon, Apple, or Microsoft on an H1B? Here’s Exactly What to Do During Your 60 Day Grace Period

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Thousands of highly skilled professionals working for Google, Meta Platforms, Amazon, Apple, Microsoft, and other technology companies have been affected by layoffs in recent years.

If you were laid off while working in H1B status, you may be asking:

  • What happens after I lose my H1B job?
  • How long can I stay in the United States?
  • What is the H1B 60 day grace period?
  • Can another employer transfer my H1B?
  • Can I apply for a green card after being laid off?
  • Should I leave the United States?

The decisions you make during the next few weeks can significantly affect your immigration future. Fortunately, many professionals have multiple options if they act quickly.

What Is the H1B 60 Day Grace Period?

When certain H1B workers lose their jobs before the end of their approved period of stay, immigration regulations may allow a discretionary grace period of up to 60 consecutive days, or until the end of the current authorized validity period, whichever comes first.

This grace period is intended to provide time to pursue another lawful immigration option. Waiting until the last minute can make those options much more difficult.

Step 1: Confirm Your Last Day of Employment

One of the first questions is: When did your employment actually end? Important dates include:

  • your final day on payroll
  • the effective termination date
  • severance arrangements
  • your current I-94 expiration date

These dates may affect your available options.

Step 2: Start Looking for a New H-1B Employer Immediately

Many H1B workers successfully change employers after a layoff. Potential employers include:

  • startups
  • mid sized technology companies
  • healthcare organizations
  • financial institutions
  • consulting firms
  • universities
  • research organizations

Do not assume only large technology companies sponsor H1B workers.

Step 3: Determine Whether an H1B Change of Employer Is Possible

A new employer may be able to file an H1B petition on your behalf if you remain eligible. Many applicants refer to this as an “H1B transfer,” although USCIS processes it as a new petition.

Timing is critical.

Step 4: Consider Other Nonimmigrant Options

Depending on your circumstances, you may qualify for another immigration classification, such as:

  • B1/B2 visitor status (in some situations)
  • F1 student status
  • O1 extraordinary ability
  • L1 intracompany transferee
  • dependent status through an eligible spouse

Each option has specific legal requirements and should be evaluated carefully.

Step 5: Explore Self Sponsored Employment Based Green Card Options

Many professionals laid off by major technology companies qualify for permanent residence independent of their former employer.

Possible options include:

EB1 Extraordinary Ability

Many professionals in:

  • artificial intelligence
  • software engineering
  • cloud computing
  • cybersecurity
  • machine learning
  • semiconductor design

may qualify for EB1A based on extraordinary ability.

EB2 National Interest Waiver (NIW)

Many engineers, researchers, scientists, and technology professionals qualify for an EB2 National Interest Waiver without employer sponsorship. This option is especially attractive for professionals who wish to remain independent of a specific employer.

What If My PERM or I-140 Is Already Approved?

Your options depend on:

  • whether your I-140 has been approved
  • how long ago it was approved
  • whether an I-485 has been filed
  • whether the I-485 has been pending for at least 180 days
  • whether portability under INA §204(j) applies

Many applicants continue pursuing permanent residence despite changing employers.

Can I Stay in the United States Without Finding a Job Immediately?

Some workers may qualify to change to another nonimmigrant status or pursue other immigration options. However, doing nothing can create significant immigration problems. Every day matters once employment ends.

Common Mistakes After an H1B Layoff

Many professionals unintentionally create problems by:

  • waiting until the grace period is almost over
  • assuming severance extends immigration status
  • relying on incorrect online advice
  • failing to review I-94 expiration dates
  • accepting employment before authorization exists
  • overlooking self sponsored immigration options

Early planning often creates the greatest flexibility.

Successful Case Examples

Case 1: Software Engineer Laid Off by a Major Technology Company

A senior software engineer was laid off during a large workforce reduction. Within the grace period, we developed a strategy combining a change of employer with a self sponsored EB1A green card.

Result: The client maintained lawful status and we obtain EB1A green card for the client.

Case 2: Artificial Intelligence Engineer Pursued an EB2 National Interest Waiver

An AI engineer was informed that his last day is in 30 days. He initially believed an employer sponsorship was necessary in his case. After reviewing the client’s accomplishments, we concluded that a self petitioned National Interest Waiver was appropriate.

Result: We successfully helped the client obtain permanent residence through NIW independent of the former employer.

Case 3: Cloud Infrastructure Engineer With Approved I-140

A cloud engineer had an approved I-140 when a layoff occurred. We analyzed portability issues, reviewed the pending adjustment application, and developed a strategy protecting the client’s long term immigration goals.

Result: The client remained eligible to continue the green card process.

Frequently Asked Questions

Can I work during the 60 day grace period?

The grace period itself does not authorize employment for a new employer. A new employer must follow the applicable immigration requirements before employment begins.

Does severance extend my H1B status?

Not necessarily. Severance pay and immigration status are different issues. The relevant dates should be reviewed carefully.

Can I leave and return later?

Possibly, depending on your circumstances and future visa eligibility.

Can I file an EB1A or NIW after being laid off?

Many technology professionals qualify to pursue self sponsored immigrant petitions regardless of employment status, although each case must be evaluated individually.

What You Need to Keep in Mind

  • Losing your H1B job does not necessarily mean you must immediately leave the United States.
  • The discretionary 60 day grace period may provide valuable time to pursue another immigration option.
  • Many technology professionals qualify for H1B changes of employer, self sponsored EB1A, or EB2 National Interest Waiver.
  • Acting quickly can preserve far more options than waiting until the grace period is nearly over.
  • Every immigration case is unique and should be evaluated individually.

Laid Off on an H1B? We Can Help.

We regularly assist engineers and other professionals working in:

  • software engineering
  • artificial intelligence
  • cloud computing
  • cybersecurity
  • machine learning
  • semiconductor technology
  • fintech
  • robotics
  • enterprise infrastructure

If you were recently laid off by Google, Meta, Amazon, Apple, Microsoft, or another employer while working in H1B status, now is the time to develop a strategy not panic.

Whether you are exploring:

our firm can evaluate your situation and help you move forward with confidence.

Contact Us Today

Call: 305-515-0613
Email: info@messersmithlaw.com

Same day consultations available.