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laid off on H-1B last week — what's the 60-day clock actually mean?

Started by h1b_engineer_n · Apr 27, 2026 · 312 views · 3 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
HE
h1b_engineer_nOP

laid off april 21 from a tech company in seattle. been on H-1B since 2022. company is offering severance through end of may. when does my 60-day grace period start — last day worked or last day on payroll?

IM
immigration_advocate_p

USCIS counts from end of authorized employment, which is generally last day worked, NOT last day on severance/garden leave payroll. so your clock started apr 21.

during 60 days you can: file a change of status (e.g., to B-2 visitor), find a new employer to file an H-1B transfer (which doesn't require a new cap petition since you're already in status), or leave the country.

VK
VK_immigration_2025

also: I-485 if you have approved I-140 and priority date current. don't forget about that path. and do NOT extend the gap by waiting for a perfect job — once 60 days pass you go out of status and accumulate unlawful presence.

SS
software_arif

tech employers know the 60-day rule and prioritize H-1B candidates because they're already in status. lean into that in your job search.