H-1B Layoff Checklist
Educational steps to take quickly after an H-1B layoff. None of this is legal advice — talk to an attorney as soon as you can.
Written by Deepak Updated September 12, 2026
Immigrant with nearly 20 years of U.S. experience Reviewed against official guidance
What should I do first after an H-1B layoff?
Move on two tracks at once. Protect your status: confirm your exact last day in writing, find your most recent I-94 and its expiration, talk to an immigration attorney, and gather your I-797 approval notices, pay stubs, passport, and any I-140/priority-date details. Start your search: reach out to your network and flag employers willing to file an H-1B transfer.
Your grace period is up to 60 days — or shorter if your I-94 expires first— so track every date carefully. The checklist below breaks it into “right away” and “in parallel” steps. Educational only, not legal advice.
The grace period protects your lawful status. It does not authorize you to work. You cannot be employed or paid for work during it — including contract, freelance or unpaid-then-backpaid arrangements — until a new petition is filed and you are authorized to begin.
- Estimated time
- First 7 days are critical · grace period up to 60 days
- What you need
- Written last day, most recent I-94, I-797 notices
Your checklist
0 of 21 done · saved in this browser only
Pin down your dates
Everything else depends on these. Get them in writing, not from memory.
Get your documents while you still can
Do this first. Laptop, email and HR portal access are usually cut on the last day, sometimes sooner.
What to ask your employer
These are entitlements and facts you are allowed to ask for. Most people never do.
Act inside the window
Filings take time to prepare. Treat day 45 as your internal deadline, not day 59.
Working out the actual dates is the countdown's job, and the week-by-week sequence is the action plan's. This page is the one you tick off.
Sources & methodology
Every legal statement on this page is traceable to the regulation, statute, court order or agency guidance below, and each source carries the date it was last re-read. Immigration rules change and outcomes depend on facts this page cannot see — confirm your own position with a licensed immigration attorney before acting.
- 8 CFR 214.1(l) — Period of stay (grace periods) — Electronic Code of Federal RegulationsThe up-to-60-day grace period, the classifications it covers including H-1B, the “may not work during such a period” limitation, and DHS discretion to shorten or eliminate it. · Last verified Sep 22, 2026
- INA 214(n) / 8 U.S.C. 1184(n) — nonimmigrant employment authorization (AC21 §105 portability) — U.S. Code (Office of the Law Revision Counsel)H-1B portability — that a worker may begin employment with a new employer once USCIS receives a non-frivolous change-of-employer petition, without waiting for approval. · Last verified Sep 22, 2026
- Options for Nonimmigrant Workers Following Termination of Employment — U.S. Citizenship and Immigration ServicesUSCIS's own summary of the options available to nonimmigrant workers after a termination of employment. · Last verified Sep 22, 2026
- Form I-94 Arrival/Departure Record — retrieve your most recent I-94 — U.S. Customs and Border ProtectionYour most recent I-94, which controls how long you may stay and can end your available time before any grace period would. · Last verified Sep 22, 2026
- "Eliminating the Discretionary 60-Day Grace Period" — notice of proposed rulemaking, 91 FR 57807 (RIN 1615-AD22, document 2026-18631), published September 11, 2026 — Federal Register (DHS / USCIS)The proposed elimination of the grace period — 91 FR 57807, RIN 1615-AD22, document 2026-18631, published September 11, 2026, comments close November 10, 2026. A proposal only; it has no effective date. · Last verified Sep 22, 2026
Related resources
H-1B & work visas
Where you are
Final pay
Elsewhere on the web
Immigration outcomes depend on your specific status, history, and facts, and the rules change. This page is educational only and is not legal advice. Confirm everything with a licensed immigration attorney or official USCIS guidance before acting.
Educational content only. LayoffNext does not provide legal, financial, tax, insurance, employment, immigration, unemployment, investment, or mental health advice. Always consult a licensed professional or official government source for guidance specific to your situation.
Deepak Middha is the founder of LayoffNext and a Chartered Accountant (ICAI, India). A U.S. immigrant with nearly 20 years of experience — and 17 years in hedge fund and private equity administration, including as Vice President of Fund Accounting at NAV Fund Administration Group and Associate Director of Private Equity and Real Estate at SS&C Technologies — he builds free, plain-language layoff tools and guides for employees, H-1B workers, and immigrant families.
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