Lost Your H-1B Job In US? Here's What Indian Workers Can Do Before 60-Day Deadline Ends

Last Updated:May 21, 2026, 08:33 IST

For Indian professionals already stuck in years-long green card queues, the uncertainty is sharper. A layoff can disrupt career plans, family stability & long-term settlement goals

Thousands of Indian tech professionals on an H1-B visa in the United States are once again confronting a familiar problem: layoffs tied to big tech restructuring. But this time, immigration lawyers say the pressure is higher because the usual “backup plan", which is switching temporarily to a B-1/B-2 visitor visa, is reportedly facing greater scrutiny from US authorities.

According to the Times of India, for years, laid-off H-1B workers often relied on a relatively straightforward path—use the 60-day grace period to search for another employer, or file for a change of status to a visitor visa while continuing the job hunt legally. Now, attorneys and immigrant communities say that process has become far less predictable.

What Is The 60-Day H-1B Rule?

According to US Citizenship and Immigration Services, an H-1B worker who loses their job gets 60 days or until the expiration of I-94 status, whichever occurs earlier, in order to change employers, obtain a different type of visa, or leave the country.

Typically, the clock starts ticking from the last day of employment and not the last pay check. The individual is considered to be in authorised status during this time.

The rule was designed to prevent highly skilled foreign workers from being forced to leave the country immediately after a layoff. But in practice, finding a new sponsor within two months can be difficult, especially during widespread hiring slowdowns.

Why Are Indian Workers Especially Affected?

Indians make up the overwhelming majority of H-1B visa holders in the US tech industry. Major layoffs at companies such as Meta and Amazon have therefore had a disproportionate impact on Indian professionals.

Immigration experts speaking to the Times of India say many workers are simultaneously dealing with mortgage payments, children studying in US schools, spouses on dependent visas, and long green card backlogs tied to country caps.

Because employment status is linked directly to immigration status, a layoff can quickly become both a financial and legal crisis.

The B-1/B-2 Route: What Changed?

Earlier, many immigration lawyers advised laid-off H-1B workers to file Form I-539 and shift temporarily to B-1 or B-2 visitor status if they needed more time to search for jobs. Guidelines from the USCIS previously indicated that interviewing and job searching could be permissible while on visitor status, as long as the person was not actually employed.

But recent reports suggest the US government is now examining such applications more aggressively.

According to immigration law firm Reddy Neumann Brown PC, a major concern emerged after USCIS archived portions of earlier online guidance related to post-termination options for non-immigrant workers. Immigration attorneys say that while no formal law banning such transitions has been announced, adjudication patterns appear to be changing.

Legal experts say authorities are increasingly questioning whether applicants genuinely intend to remain in the US temporarily as visitors, especially if they are actively pursuing employment opportunities.

Does This Mean Switching To B-1/B-2 Is Illegal?

No. There has been no official rule change declaring such status changes unlawful. However, attorneys say approvals may no longer be as routine as before, TOI reported.

Applicants may now face demands for stronger documentation showing non-immigrant intent, proof of savings or financial support, residence abroad, and evidence that they are not violating visitor visa rules.

Lawyers also warn that inconsistencies in applications or evidence suggesting long-term work intent could trigger denials.

What Options Do Laid-Off H-1B Workers Still Have?

Despite the tighter scrutiny, immigration experts say workers still have several possible pathways depending on their circumstances.

1. Transfer to another H-1B employer: VisaNation Law Group says a new company can file an H-1B transfer petition during the grace period. If filed on time, the worker may usually remain in the US while the petition is processed.

2. Change to another visa category: Some workers may qualify for B-1/B-2 visitor status, student visas, dependent visas, O-1 extraordinary ability visas, or investor and startup-related pathways.

3. Leave and re-enter later: Some professionals choose to depart the US temporarily and return once a new employer sponsors them again.

4. Green card-linked protections: Workers with approved I-140 petitions may have additional flexibility in certain cases, although this depends heavily on individual immigration history and timing.

Why This Matters Beyond Immigration

The issue shows how deeply the US tech workforce depends on foreign skilled labour, particularly from India. It also exposes the vulnerability built into employer-sponsored visa systems: losing a job can rapidly threaten legal residency.

For Indian professionals already stuck in years-long green card queues, the uncertainty is even sharper. A single layoff can disrupt career plans, family stability and long-term settlement ambitions in the US.

Immigration attorneys are now advising H-1B holders facing layoffs to act early, maintain extensive documentation and seek legal guidance before relying on temporary visitor visa strategies that once appeared routine.

News explainers Lost Your H-1B Job In US? Here's What Indian Workers Can Do Before 60-Day Deadline Ends

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