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The short answer
If your H-1B job ends, federal rules (8 CFR 214.1(l)(2)) let you and your dependants stay in status for up to 60 consecutive days or until your authorised period ends, whichever is shorter, once in each validity period, and DHS can shorten it. You generally cannot work during that window, so the money plan is to count your cash runway, cut fixed costs, and set aside the fees for a new petition, a change of status or a move home.
An H-1B layoff starts a clock. Within weeks you need a new sponsor, a different status or a plane ticket, and in the meantime your salary has stopped. This guide is about the money side: what the grace period allows, what it costs to use each option, and how to stretch what you have. It is information, not immigration advice; talk to an immigration lawyer about your own case early, because options narrow as days pass.
What the grace period is
The rule is in 8 CFR 214.1(l)(2). A person in H-1B status (and their dependants, such as an H-4 spouse and children) is not treated as having failed to maintain status just because the job ended, for:
- Length
- Up to 60 consecutive days, or until the end of the authorised validity period, whichever is shorter
- How often
- Once during each authorised validity period
- Discretion
- DHS may eliminate or shorten the 60 days
- Work
- You may not work during it unless separately authorised under 8 CFR 274a.12
The same rule covers E-1, E-2, E-3, H-1B1, L-1, O-1 and TN workers. The window is tied to when your employment ends, which is not always your last day in the office: if you are on paid garden leave, ask HR for the official termination date in writing and ask your lawyer which date the count runs from.
Your options inside the window
- A new employer files an H-1B petition for you. Many workers rely on a new employer's petition being filed within the 60 days. Ask your lawyer about portability and when you can start work.
- Change to another status, such as H-4 if your spouse holds H-1B, or B-2 visitor status while you wind up your affairs. Each involves a USCIS filing and fee.
- Adjustment of status, if you already have a green card case at the right stage.
- Leave the US within the window and return later on a new petition or visa.
Each option has a filing fee and often a lawyer's fee. USCIS fees change; check the current fee schedule on USCIS before you budget, and ask a new employer which petition costs it will cover.
Build a 60-day cash plan
Start from what you have and what must go out. The numbers below are an example only.
| Item | Example amount |
|---|---|
| Cash in checking and savings | $9,000 |
| Final paycheck and unused leave paid out (after tax) | $3,200 |
| Severance (after tax), if any | $4,000 |
| Money available | $16,200 |
| Rent for two months | $4,400 |
| Food, transport, phone, utilities for two months | $2,000 |
| Health cover for two months | $1,400 |
| Reserve for a flight home for two adults and one child | $3,600 |
| Reserve for immigration filings and legal advice | $2,500 |
| Committed or reserved | $13,900 |
| Left over | $2,300 |
The point of the table is the reserves. Set aside the flight and the filing money first, in a separate account, so that a slow job search does not leave you unable to afford either outcome.
Income you may still have
- Severance. IRS Publication 15 (2026) says severance payments are wages subject to income tax withholding, social security and Medicare tax, so expect deductions. See severance pay in the US.
- Unemployment insurance. Federal law lets states pay benefits on wages earned while lawfully present to do the work, but states also require you to be available for work, and many find H-1B holders unavailable once the job ends. See unemployment benefits on a work visa.
- A spouse's income, if your spouse is on an H-4 EAD that remains valid. Check how long the EAD stays valid if your status changes.
Cut costs in the first week
- Ask your landlord about a shorter notice period or sublet rules, in case you leave.
- Price health cover: ask HR what continuing your employer plan would cost and compare a marketplace plan.
- Pause investments and extra loan payments, but keep minimum payments on cards and loans to protect your credit.
- Talk to family at home early about reducing support for a few months.
- Decide what you would sell or ship if you leave, and get rough prices.
If you go home
Plan what happens to your US accounts, your 401(k) and any car loan. Keep at least one US bank account open if you can, so a final paycheck, tax refund or deposit return has somewhere to land. Our guide to building an emergency fund covers how much to hold for next time.
Where Pryme fits
A Pryme account can be opened from any country and holds dollars and naira, so it can stay with you whether you remain in the US or move back. Swap shows the rate and fee before you convert anything.
Questions people ask
How long is the H-1B grace period after a layoff?
Up to 60 consecutive days or until your authorised period ends, whichever is shorter, once per validity period, under 8 CFR 214.1(l)(2). DHS can shorten it.
Can I work during the H-1B 60-day grace period?
Not unless you have separate work authorisation under 8 CFR 274a.12. Ask a lawyer before doing any paid work.
Does my H-4 spouse get the grace period too?
Yes. The rule covers the worker and his or her dependants.
Is severance taxed for H-1B workers?
Yes. IRS Publication 15 (2026) treats severance as wages subject to income tax withholding and social security and Medicare taxes.
Sources
- 8 CFR 214.1 (Cornell LII) · accessed Oct 2026
- IRS Publication 15 (2026), Employer's Tax Guide · accessed Oct 2026
- 26 U.S. Code s.3304 (Cornell LII) · accessed Oct 2026
- US Department of Labor, Unemployment insurance · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.