H-1B workers can stay in US even after getting fired — Here is how the system works

The 60-Day Rule

When a nonimmigrant worker loses their job, whether voluntarily or involuntarily, they are typically granted a grace period of up to 60 days to take action. In addition to H-1B holders, this applies to workers in E-1, E-2, E-3, H-1B1, L-1, O-1, and TN classifications, along with their dependents.

What many workers do not know is that 60 days grace period does not automatically mean you must leave the US. If you take the right steps within that window, you can legally stay in the country beyond the grace period.

One important note: the grace period ends the moment you depart the United States. If you leave during the 60-day window, you must seek a new immigration status that permits re-entry before you can come back.

What Are Your Options Within 60 Days?

Within the grace period, eligible workers can take one of the following actions to remain in a period of authorised stay in the US:

• file an application for a change of nonimmigrant status;
• file an application for adjustment of status;
• file an application for a “compelling circumstances” employment authorisation document; or
• be the beneficiary of a nonfrivolous petition to change employer.

If none of these actions are taken within the grace period, you and your dependents may need to depart the United States within 60 days or when your authorised validity period ends, whichever is shorter.

Finding a New H-1B Job

If you find a new employer willing to sponsor your H-1B visa, you do not have to wait for the new petition to be approved before you start work. As soon as USCIS receives the new H-1B petition filed by your new employer, you can begin working immediately.

For workers switching to a different visa classification, you will need to wait for the petition to be approved, but with premium processing available, this is often less than 15 business days.

Good news on the fee front: F-1 students and H-1B visa holders who are currently in the US and out of a job are exempt from the recently implemented $100,000 H-1B petition fee. The new employer will not be asked to pay this fee on your behalf.

Other Options to Consider

Switch to H-4 status: If your spouse holds H-1B status, you can switch to H-4 status. However, you will need to wait until your H-4 EAD work authorisation is received before starting a new job.

Apply for a B-1 or B-2 visa: Some immigration attorneys recommend that H-1B workers who have lost their jobs apply for a B-1 (Visitor for Business) or B-2 (Visitor for Tourism) visa to extend their stay while continuing their job search from within the US.

File Form I-539: This form can be used to extend a nonimmigrant stay, change to another nonimmigrant status, or seek reinstatement for F-1 or M-1 students. It is a useful bridge between your current and future visa status.

Back on H-1B: Once you find a new job, your new employer must submit Form I-129, the Petition for a Nonimmigrant Worker, to change your status back to H-1B.

What About Unlawful Presence?

This is a critical point that many workers miss. If you file a nonfrivolous application to change status before the end of your 60-day grace period, you will not accrue unlawful presence while the application is pending, even after the grace period has elapsed, as long as you did not work without authorization.

If the application is ultimately approved, you are considered to have been in a period of authorised stay for the entire time it was pending. If the application is denied, unlawful presence begins to accrue from the day after the denial decision.

What About F-1 Students on OPT?

The rules are slightly different for F-1 students on post-completion OPT. Students may not accumulate more than 90 days of unemployment during any post-completion OPT period. Those on a 24-month STEM OPT extension may not accumulate more than 150 days of unemployment across their total OPT period, including any extension.

Can You Stay Beyond Six Years on H-1B?

Yes — and this surprises many people. H-1B visas are initially granted for three years and can be extended for another three years. But even after six years, there are legal pathways to stay longer.

H-1B visa holders may be eligible for an extension beyond the sixth year if they are the beneficiary of an approved immigrant visa petition under the EB-1, EB-2, or EB-3 classifications. The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) also provides flexibility for employment-based adjustment of status applicants experiencing green card backlogs — allowing them to change jobs or employers while their Form I-485 is still pending.

The Bottom Line

Losing a job on an H-1B visa is stressful — but it does not automatically mean you have to pack your bags. The 60-day grace period gives you a window to act, and US immigration law offers multiple pathways to stay, work, and continue your green card journey. Act fast, know your options, and consult a qualified immigration attorney as soon as possible.

Disclaimer: This article is for general informational purposes only and does not constitute legal or immigration advice. Individual circumstances may significantly affect eligibility for the options described. Eligibility for each option depends on individual visa classification, employment history, and immigration status. Readers are strongly advised to consult a qualified immigration attorney immediately upon job loss to protect their immigration status and avoid accruing unlawful presence in the United States.