Questions to Ask an Immigration Attorney After a Layoff
Walk into your consultation prepared. Bring your documents and these questions so you can make the most of the time.
Written by Deepak Updated September 12, 2026
Immigrant with nearly 20 years of U.S. experience Reviewed against official guidance
What should I ask an immigration attorney after a layoff?
Focus the consult on your timeline and your realistic options. The most important questions: Do I have a grace period and exactly how long is it? What date does it run from? Which options — H-1B transfer, change of status, or leveraging an approved I-140 — are realistic before that date? How are my dependents affected?
Bring your documents so the attorney can give specific answers instead of generalities, and ask about fees and timelines up front. The checklists below organize the full set of questions by topic — copy them into your notes before the call.
- Estimated time
- Book a consult within days of your last day
- Cost / impact
- Initial consults are often a modest flat fee (varies by firm)
- What you need
- Your I-94, I-797 notices, last-day date, any I-140
My status and timing
- Based on my facts, do I have a grace period, and how long is it?
- What date does my available time run from, and when does it end?
- What are my realistic options before that date?
- How does my I-94 expiration affect each option?
Options and family
- Is a transfer to a new employer feasible in my timeline?
- Could a change of status apply to me, and what are the trade-offs?
- How are my dependents affected, and what should they file?
- How does my I-140/priority date factor into my green card path?
- What documents should I prepare, and what are your fees and timelines?
If you have an approved I-140
- Do I qualify for a compelling circumstances EAD under 8 CFR 204.5(p) — approved I-140, no immigrant visa immediately available, and a qualifying compelling circumstance?
- If I accept one, I am no longer in nonimmigrant status: how does that affect adjusting status inside the US later, and re-entry if I travel?
- Is my priority date retained if my former employer withdraws the I-140, and was it approved more than 180 days ago?
- Do I qualify for an extension past the six-year H-1B limit under AC21 §106(a) or §104(c)?
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
- 8 CFR 214.2(h)(4)(iii)(E) — H-1B employer liability for return transportation — Electronic Code of Federal RegulationsThe employer's obligation to offer the reasonable cost of return transportation abroad when it terminates an H-1B worker before the end of the authorized period. · Last verified Sep 22, 2026
- 8 CFR 204.5(p) — employment authorization in compelling circumstances — Electronic Code of Federal RegulationsThe compelling circumstances employment authorization document — eligibility, its one-year validity, and that it is available only to a worker with an approved I-140 and no immigrant visa immediately available. · Last verified Sep 22, 2026
- American Competitiveness in the Twenty-First Century Act (AC21) — §104(c) and §106(a)/(c) — U.S. Government Publishing Office (Pub. L. 106-313)AC21 §106(a) one-year H-1B extensions where a PERM or I-140 has been pending 365 days or more; §104(c) three-year extensions where an I-140 is approved but the priority date is not current; and §106(c) I-485 portability after 180 days pending. · 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
Severance
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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