The H-1B 60-day clock: what I keep in a folder, just in case

First: this is not legal advice. Immigration rules are detailed and every case is different. If you are affected, talk to an immigration attorney. This post is what I've learned from 7 years on H-1B and from helping two colleagues through layoffs.

Every few months there's a new headline about fees or rules and our desi group chat explodes. Most of it is noise. What isn't noise is the 60-day grace period, because that's the one that hits on a random Tuesday.

The rule

If your H-1B employment ends, you get a grace period of up to 60 consecutive days, or until your I-94 end date, whichever is shorter. It's available once per authorized validity period, so don't assume you'll have it twice.

Day 0 is generally your last day of employment, not the day you're told. If your company keeps you on payroll for a few weeks of notice, that can matter. If severance is paid as a lump sum after your last day, it usually doesn't extend anything. Ask the attorney, with dates.

Your options inside those 60 days

1. A new employer files an H-1B petition for you. With portability, you can usually start working once the new petition is properly filed, if you were in status.
2. Change to H-4 if your spouse is on H-1B.
3. Change to visitor status (B-2) to buy time, filed within the grace period.
4. Compelling circumstances EAD, in limited cases, if you have an approved I-140 and qualify.
5. Leave the US, and come back later on a new petition. You've already been counted under the cap, so a new employer usually doesn't need the lottery again.

The folder

Digital copy in personal cloud storage, plus a printed copy at home. Not on the work laptop.

• Last 3 pay stubs, and all W-2s
• Every I-797 approval notice
• Latest I-94 record, printed from the CBP website
• Passport and visa stamp copies
• I-140 approval, if you have one
• Offer letters from every US employer
• Degree certificates and any credential evaluations
• An employment verification letter. Ask HR for one on your way out, while people still answer your emails

Money and health

Keep 3 to 6 months of expenses saved, more if you have family here. Understand your health insurance end date and COBRA. A medical bill during a status crisis is the last thing anyone needs.

The first three days

When my teammate was laid off last year, she spent the first three days in shock, not calling anyone. Completely understandable. But the clock was running. What I tell people now:

• Day 1: call an immigration attorney. Get the exact last day of employment in writing from HR.
• Day 2: start applying, and message every person who could refer you. Tell them you're on a clock. People move faster when they know.
• Day 3: make a plan B with dates on it. Knowing you have one makes plan A less frightening.

To juniors in India dreaming about coming to the US: it can still be worth it, for many people. Go in with your eyes open, and build the folder in your first month.