H-1B visa layoffs: The important Plan B every Indian worker in the US needs

What happens when an H-1B worker is laid off? A strict 60-day countdown begins, and rising reports of early NTAs are adding new pressure on already-stressed workers

H-1B visa holders are skilled professionals working in the United States, but even they are not fully shielded from layoffs. A job loss can trigger immediate legal consequences, including questions about the legality of their stay.

 

Last month, a 29-year-old H-1B worker described on Reddit how he was laid off less than a month after returning to the US. In a post titled “Laid off within a month of returning to the US”, the anonymous user wrote that he had been with the same employer since completing his master’s degree in 2021. His H-1B application in 2024 was not picked in the lottery, so he returned to India and continued working from there. This year, his H-1B petition was approved, but just weeks after moving back to the US, he lost his job.

 

 

According to immigration attorney Rahul Reddy of Reddy Neumann Brown PC, many workers assume they are safe until the day they are not. “The biggest mistake H-1B workers make is assuming it won’t happen to me,” said Reddy. In a blog post, he added, “The truth is simple: Every H-1B worker needs a Plan B, before a crisis hits.”

 

What happens during the 60-day grace period?

 

Once an H-1B worker is terminated, a strict 60-day grace period begins. Sixty days may appear generous, but many find it slipping away as they search for a new employer, attempt a transfer and cope with the shock of losing their status anchor. Some wait, hoping their employer might reverse the decision, though this is uncommon.

 

When does the 60-day grace period apply?

 

USCIS notes that the grace period applies only within the US and only after termination.

 

Examples include:

 

• If someone is laid off on September 1, 2025, with an I-94 valid until March 2026, they have until October 31, 2025 to find another employer, change status or depart

• The grace period does not apply if the person is outside the US

• It does not apply if the I-94 has expired or if visa conditions have been breached, such as working without authorisation 

 

Why are so many workers unprepared?

 

Reddy said that familiar patterns keep appearing:

 

• Assuming job stability will continue, even though strong companies also restructure

• No backup immigration strategy, as many believe securing another H-1B role will be straightforward

• Delaying decisions, even though the 60-day clock never pauses

 

He said that early planning is not pessimism but a basic necessity for any non-immigrant worker.

 

What are the Plan B options for H-1B workers?

 

If a layoff occurs, the countdown begins instantly. Reddy outlined the options that help a worker remain lawful:

 

1. B-2 visitor status – time to regroup

A timely B-2 filing can allow someone to remain in the US for several months while considering next steps. There is no work authorisation, but it offers breathing room.

 

2. F-1 student status – return to education

If study is feasible, an F-1 change of status is possible. The programme start date must align with the grace period.

 

3. H-4 dependent status – often overlooked

If a spouse holds H-1B status, switching to H-4 is frequently the safest option. It avoids travel and keeps the worker in the US. If eligible, H-4 EAD offers another advantage.

 

4. Returning home – now more complicated

Leaving the US during the grace period keeps the worker lawful, but returning later with a new H-1B approval may attract the $100,000 H-1B fee for many workers. What was once a simple “go home and come back” decision now carries new uncertainty. Anyone considering travel must check if the rule affects them.

 

Are NTAs rising after layoffs?

 

In August, a poll on Blind, the anonymous platform for verified professionals, showed that one in six Indian H-1B workers—or someone they know—had received a deportation Notice to Appear within the 60-day window after losing their job. Many risk a permanent entry ban if they fail to leave on time.

 

Ordinarily, a laid-off worker is given the full 60 days to find a new employer or change status. But since mid-2025, reports have grown of NTAs being issued well before the deadline, sometimes in as little as two weeks, marking workers as “out of status”.

 

“Multiple cases where NTAs were sent in 2 weeks,” a Meta professional wrote on Blind. “Immigration lawyers now advise leaving as soon as possible after the job ends, otherwise you risk a permanent ban from the US.”