The 60-Day Grace Period
The U.S. Citizenship and Immigration Services (USCIS) grants a 60-day grace period to H-1B visa holders who lose their jobs. During this time, you can:
Find a new employer willing to sponsor your H-1B transfer
Change your visa status (e.g., to a B-2 tourist visa or F-1 student visa)
Prepare to leave the U.S.
If you fail to take action within the grace period, you may be considered out of status, which can have serious consequences for future visa applications.
Finding a New H-1B Sponsor
One of the best options is to find a new employer who can file an H-1B transfer petition. Unlike the initial lottery process, an H-1B transfer does not require going through the annual cap. The new employer must file Form I-129 before your grace period expires. Once the petition is approved, you can start working immediately.
Tips for Job Hunting in IT on an H-1B
Leverage your network: Reach out to former colleagues and recruiters specializing in H-1B sponsorship.
Update your resume and LinkedIn: Highlight your skills in high-demand IT fields like cloud computing, cybersecurity, and data science.
Look for companies experienced with H-1B hires: Certain tech firms actively seek foreign talent and are familiar with the visa transfer process.
Alternative Visa Options
If you’re unable to secure a new H-1B sponsor, you may consider switching to another visa category:
H-4 Visa: If your spouse is on an H-1B visa, you might qualify for an H-4 dependent visa (with work authorization in some cases).
O-1 Visa: If you have extraordinary abilities in IT or another field, you may qualify for an O-1 visa.
L-1 Visa: If your employer has offices abroad, you could transfer to an international branch and return later on an L-1 visa.
B-2 Visa: You can apply for a B-2 tourist visa to remain legally in the U.S. while exploring other options, though you cannot work.
What About the H-2B Visa?
The H-2B visa is for temporary non-agricultural workers, including certain IT positions on a seasonal or project-based basis. If you lose your H-1B job and meet the criteria, an employer might sponsor you for an H-2B visa for a limited period. However, this visa has a numerical cap and is highly competitive.
Consequences of Overstaying
If you fail to maintain your legal status:
You may face a 3- to 10-year bar on reentering the U.S. if you stay unlawfully for more than 180 days.
Your future visa applications could be denied.
You may have to leave the U.S. and apply for a new visa from your home country.
Final Thoughts
Losing a job on an H-1B visa is challenging, but with proper planning, you can navigate your options effectively. The key is to act quickly—whether that means securing a new job, transferring to another visa, or preparing to leave. Consulting with an immigration attorney can also help you understand the best course of action based on your individual situation.
