You just got laid off. Your H-1B clock is ticking.

What happens after an H-1B layoff

When your H-1B employment ends (whether from a layoff, termination, or resignation), USCIS provides a discretionary 60-day grace period. During this window, you remain in lawful status. Once it expires, your status lapses and your options become significantly more limited.

The 60 days is enough time to act with the right strategy. Most people do not need all 60 days if they have the right legal team moving at the start.

What the 60-day grace period allows:

• File an H-1B transfer petition with a new employer
• Change your status to another visa category (O-1A, B-1/B-2, F-1, or others depending on your situation)
• File a bridge petition if you have a pending case with another employer
• Prepare to depart the US if no path forward fits your situation

Important: This page is educational and not individualized legal advice. Your situation depends on your specific immigration history, employer, and timing. Book a consultation to understand your exact options.

Your paths forward, explained

H-1B Transfer to a New Employer

If you have a job offer lined up, an H-1B transfer lets you move your existing H-1B status to your new employer. Alma prepares your transfer petition and submits it within your grace period. With premium processing, USCIS adjudicates in approximately 15 business days.

O-1A: Extraordinary Ability Visa

If you are a founder, researcher, engineer, or professional recognized for significant contributions in your field, the O-1A may be a stronger and faster path than waiting for H-1B lottery eligibility again. Alma has an approval rate of 98%+, and most clients complete preparation in approximately 2 weeks once evidence is collected.

Change of Status

If you need time to secure your next role, a change of status to B-1/B-2 (visitor) can preserve your lawful presence while you plan your next step. This does not authorize work, but it protects your status while you explore options. Note that USCIS has taken a stricter approach to bridge petitions, requiring the B-1/B-2 change of status application to be approved before the H-1B petition is approved. In some cases USCIS has denied the B-1/B-2 application when a subsequent H-1B petition was filed. 

Bridge Petition

If you have an I-140 green card petition approved with a prior employer, or a pending petition, a bridge strategy may allow you to maintain your place in the queue while transitioning employers. Alma will assess your specific situation in a consultation.Note that USCIS has taken a stricter approach to bridge petitions, requiring the B-1/B-2 change of status application to be approved before the H-1B petition is approved. In some cases USCIS has denied the B-1/B-2 application when a subsequent H-1B petition was filed. 

We move at the speed your situation demands

At most traditional firms, it often takes a week just to get through intake before case work begins. At Alma, you get a dedicated attorney, a structured evidence collection process, and a clear filing timeline from day one.

• Consultation within 24 hours of reaching out (not weeks)
• Guaranteed 2-week case preparation once evidence is collected - compared to 4-6 weeks at traditional firms
• Premium processing available for H-1B transfers (~ 15 business day USCIS adjudication)
• Real-time case dashboard so you always know where your case stands
• Direct access to your attorney

98%+ approval rate across Alma cases*. 99%+ SLA adherence.

*Past results do not guarantee future outcomes. Government processing timelines are set by USCIS and are not within Alma's control.

What clients say

“My O-1A talent visa was approved in just 12 days… I only had to provide my information, and Alma handled everything else.”

 — Azamat Khamidov, PointAI (LinkedIn)

"Their team is super responsive and really knows their stuff. They took my achievements and turned them into a killer application."

 — Temirulan Mussayev, Deep Infra Inc. (LinkedIn)

"Getting everything filed in just four weeks (a process that often takes three or more months)."

— Ramya Ganti, O-1A

Frequently Asked Questions About H-1B Layoff

Can I stay in the US after losing my H-1B job?

Yes, for up to 60 days, however this is a discretionary period that USCIS may decide not to recognize. After the 60 days your status lapses unless you have filed a new petition or changed status. The 60 days starts from the date your employment ends, not the date your employer notifies USCIS.

Can I work during the 60-day grace period?

No.. The grace period preserves your lawful status, but work authorization ends when your H-1B employment ends. You may not begin working for a new employer until your H-1B transfer petition is received by USCIS.

How quickly can Alma file an H-1B transfer?

Alma guarantees a 2-week case preparation after evidence collection is complete. With premium processing, USCIS adjudicates in approximately 15 business days. Total timeline depends on how quickly your new employer can provide the needed documents and how quickly you gather supporting materials.

What if I do not have a new employer lined up yet?

Depending on your background and goals, options include a change of status while you search, or exploring the O-1A if your profile may qualify. Book a consultation and Alma will give you an honest assessment of your situation.

What makes Alma the right law firm for an H-1B transfer after a layoff?

Alma's attorneys specialize in H-1B transfers, O-1As, and employment-based green cards for tech professionals, researchers, and founders. Every case is attorney-led from first consultation through approval, with direct communication and a 2-week preparation timeline once evidence is in hand.

Your 60 days starts now. Get a clear plan before the window closes.

Book a consultation and Alma's attorneys will walk you through your options, your timeline, and what to do next.