Laid Off on H-1B: What Are My Options?

An H-1B layoff creates two problems at once: finding the next job and protecting immigration status. At Open Atlas Summit 2026, immigration attorneys Agnna Varinia Guzman and Chandler Carney will walk through the major pathways people may need to evaluate immediately after employment ends.

Meet the Speakers

Agnna Varinia Guzman

Immigration attorney at Manifest Law with experience advising companies, entrepreneurs and professionals on employment-based immigration.

Chandler Carney

Immigration attorney associated with Jumpstart Immigration, with experience in employment-based immigration and international business matters.

What This Session Is About

Federal regulations provide certain H-1B workers a discretionary grace period of up to 60 consecutive calendar days after employment ends, or until the end of the authorized validity period, whichever is shorter. That does not mean everyone automatically has 60 days, and not every option provides work authorization.

What Will the Session Explore?

Confirm the timeline before making assumptions

The first step is understanding the actual termination date, I-94 validity, petition history and whether the grace-period regulation applies to the person’s facts.

A new H-1B employer may be one route

Eligible H-1B workers may benefit from portability rules when a new employer properly files a qualifying change-of-employer petition. Timing and filing details matter.

A change of status may preserve authorized stay

Some people may evaluate another nonimmigrant classification where eligible. A change of status can affect the ability to work, travel and later return to H-1B employment.

Pending green card processes can change the analysis

An approved I-140, pending I-485, employment authorization document or other immigration filing may create different options and deadlines.

Departure can be a strategic option, not a failure

For some people, leaving the United States and pursuing later consular processing or a new employer from abroad may be cleaner than forcing an unsuitable status strategy.

Why This Session Matters

The most dangerous response to an H-1B layoff is waiting until the end of the perceived 60-day window to learn what the rules mean. This session is designed to help immigrants identify the questions that need immediate professional attention while they run the job search in parallel.

Important: H-1B grace periods and post-layoff options are fact-specific, and USCIS discretion and current law matter. This article and session are educational and do not constitute legal advice.

Book your Summit tickets: https://luma.com/8c4qusfp