What to do if you’re fired on an H1B visa

This article was last updated and fact checked on October 23, 2024 by Mani Karthik.

So, you’ve been working in the U.S. on an H1B visa, and now you’re facing a sudden job loss. First off, I get it.

Getting fired is stressful enough, but being on an H1B visa adds a whole new layer of anxiety because your visa status is tied to your job. But don’t panic—there are steps you can take to stay in status and even keep your life in the U.S. going.

Let’s break down what you need to do next.

What Happens to Your H1B Status When You Lose Your Job?

Your H1B visa is tied to your employment, so when you lose your job, you also lose the legal standing that allows you to stay in the U.S. and work.

But here’s the good news: USCIS (U.S. Citizenship and Immigration Services) provides a 60-day grace period after you lose your job.

During this period, you can remain in the U.S. and take steps to either transfer your H1B to a new employer or change your visa status.

Tip: You have a 60-day grace period after getting fired. Use it wisely!

Step 1: Find a New Job ASAP

Your first course of action is to start looking for a new job—fast! If you can find a new employer who is willing to sponsor your H1B transfer, you can avoid having to leave the U.S.

The new employer will need to file a Form I-129 (Petition for a Nonimmigrant Worker) on your behalf.

The good news?

You can start working as soon as the new employer files your petition, even if it hasn’t been approved yet. You don’t have to wait for the approval to switch jobs.

Tip: Start your job search immediately after losing your job. You only have 60 days!

Step 2: Consider Changing Your Visa Status

If finding a new employer isn’t an option, you can apply for a change of status to stay in the U.S. Some options include:

• B2 Visa (Tourist Visa): You can switch to a tourist visa to stay longer in the U.S. to figure out your next steps. However, keep in mind that you won’t be able to work on this visa.
• F-1 Visa (Student Visa): If you’re considering further education, you could apply for a student visa. This would allow you to remain in the U.S. while attending school, and you might even be able to work part-time on an OPT (Optional Practical Training) later on.

Tip: Consider changing your visa status if you can’t find a new employer quickly enough.

Step 3: Explore the H-4 Visa for Spouses

If your spouse is working in the U.S. on an H1B visa, you may be eligible to switch to an H-4 visa. This would allow you to remain in the U.S. as a dependent.

Keep in mind, though, that you won’t be able to work unless you qualify for an H-4 EAD (Employment Authorization Document), but this can be a good short-term option to stay in the U.S.

Step 4: Leave the U.S. and Reapply Later

If you can’t find a new job or change your visa status during the 60-day grace period, you’ll need to leave the U.S.

But don’t worry—you can reapply for another H1B visa from your home country once you have a new employer sponsor.

If you reapply within the same fiscal year, you won’t be subject to the H1B cap again, meaning your application process could be quicker than the first time around.

What Happens If You Stay Beyond the Grace Period?

Staying beyond the 60-day grace period without transferring your visa or changing status can lead to serious consequences.

You’ll be considered out of status, and overstaying your visa can lead to deportation or bans on reentry to the U.S. in the future.

So it’s essential to make sure that you take action before your grace period runs out.

Tip: Don’t overstay your grace period—it’s not worth the risk of legal consequences.

Final Thoughts

Losing your job on an H1B visa is tough, but it’s not the end of the road. Whether you find a new job, change your visa status, or explore other options like the H-4 visa, there are ways to stay in the U.S. legally.

The key is to act fast—remember, that 60-day grace period is your lifeline.

Tip: Always consult with an immigration attorney to make sure you’re taking the right steps based on your unique situation.