Facing a sudden job loss in the United States while on an H-1B visa can be a daunting and stressful experience. For Indian professionals navigating this complex situation, especially looking ahead to potential challenges in 2026, knowing the immediate next steps is critical to maintaining legal status. We consulted leading AI tools, ChatGPT and Gemini, to distill US immigration law into a clear, actionable plan for those laid off.
The Critical 60-Day Grace Period: Your Window to Act
The most urgent fact to know is that a layoff does not mean you must leave the country immediately. US Citizenship and Immigration Services (USCIS) provides a 60-day grace period from your last official working day, or until your I-94 expires, whichever comes first. During this time, you remain in lawful status but are not authorized to work.
As per the AI analysis, this period is designed for you to pursue one of three primary paths: find a new H-1B sponsoring employer, file for a change of visa status, or prepare for an orderly departure from the United States.
ChatGPT's pro-tip is to start acting immediately—do not delay. Gemini's key advice is to formally confirm your exact "last day of employment" with your HR department, noting that severance pay does not extend this date unless you are kept on the active payroll. Crucially, overstaying beyond this grace period, even by a single day, can lead to severe future immigration complications.
Exploring Your Options: Transfers, Status Changes, and Exits
Your strategy within the 60-day window depends on your circumstances. The most straightforward option is the H-1B transfer (Change of Employer). Once you secure a new job offer, your new employer can file a petition to transfer your visa. Importantly, you can start working for the new employer as soon as USCIS receives the petition and issues a receipt notice, not after full approval. Both AI tools strongly recommend prioritizing employers who agree to use Premium Processing, which guarantees a decision within 15 business days for an additional fee.
If finding a new H-1B job proves difficult, filing a Change of Status (COS) within the 60 days is a vital backup. Common options include switching to a B-2 visitor visa to continue your job search legally, an F-1 student visa if you plan to study, or an H-4 dependent visa if your spouse holds a valid work visa. Filing on time allows you to stay in the US while the application is pending.
Gemini adds an important 2026-specific note: if you find a job while a B-2 application is pending, stricter scrutiny might require you to briefly leave the US and re-enter to activate the new H-1B status.
The I-140 Advantage and Strategic Departure
Laid-off H-1B holders with an approved I-140 immigrant petition (the first step towards a green card) have a significant advantage. ChatGPT notes this offers "extra protection," allowing for H-1B extensions beyond the standard six-year limit, providing more flexibility during job transfers, and generally keeping the petition valid despite the layoff.
If other avenues close, leaving the US within the grace period is a legally sound option. You can later return on a new H-1B or apply from a third country. Doing this lawfully does not harm future visa chances.
Both AI tools warn against critical mistakes: overstaying, waiting until day 59 to act, working without authorization after termination, and relying on verbal job offers without formal petition filings.
Following a smart checklist is essential. Confirm your last working day, ask if your former employer has notified USCIS of the termination, update your resume, and consult an immigration attorney immediately. A suggested weekly plan includes confirming dates and consulting a lawyer in the first week, and ensuring an H-1B transfer or COS is filed by day 30-45 to secure your future in America.
