Employment-based immigration TX Jun 11, 2026

H-1B holder just laid off — how long do I have to find a new sponsor?

Asked by Another A. · 👁 1,684 views · 💬 1 answer

The question

I was laid off yesterday. My company says my H-1B is valid for two more years. I'm trying to find a new employer to sponsor a transfer. How many days do I have before I'm out of status? Also: my wife and son are on H-4 with EADs — does the clock affect them too?

Instant legal information

Generated by AI (claude-opus-4-7). Reviewed for general accuracy. Not legal advice.

Under DHS regulations, H-1B workers terminated from their employer have a discretionary grace period of up to 60 days, or until the end of their authorised stay, whichever is shorter. During this window you may seek a new H-1B sponsor (transfer), change to a different non-immigrant status, or depart the U.S. H-4 dependents follow the principal beneficiary's status — they remain in valid H-4 status during the same window. If H-4 EAD was based on you having an approved I-140, employment authorisation may continue subject to renewal timing. This is legal information, not legal advice. For advice on your specific case, consult a verified immigration attorney.

Cited

  • 8 CFR § 214.1(l)(2): 60-day grace period for non-immigrant workers
  • USCIS Policy Manual: Vol. 2, Part B — H-1B Termination

1 attorney answer

  • DP

    Dev Patel

    Verified attorney · TX · 2 days ago

    Bar verified · TX
    Two important things to act on this week: (1) Get a copy of your termination letter and the date of termination clearly on company letterhead. The 60-day clock starts the day after employment ends, not the day you stopped working. (2) Apply for any new H-1B transfer petition before day 60. The transfer just needs to be RECEIVED by USCIS within the 60 days — you don't need approval. If a new role is uncertain, also consider B-2 change of status as a Plan B (you must be in lawful status to file). For your H-4 family: their EADs remain valid through their approval expiration, but if they're tied to your I-140 priority date / approval, keep documentation ready in case of an RFE during renewal.
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