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 July 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.
- 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
Right away
- 1Confirm your exact last day of employment in writing.
- 2Find your most recent I-94 and note its expiration date.
- 3Contact an immigration attorney to understand your options and timing.
- 4Gather your I-797 approval notices, pay stubs, and passport.
- 5Note any I-140 approval and priority date.
In parallel
- Begin a focused job search; flag employers willing to file petitions.
- Understand how your dependents' status is affected.
- Track all dates carefully — your available time may be shorter than 60 days.
- Keep copies of all immigration documents in a safe personal location.
Related resources
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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