What to Do After H-1B Employment Termination

You’ve been working in the U.S. on an H-1B visa, building your career, and settling into life. Then, one day, you get the news—your employment is ending. Panic sets in. What happens now? Do you have to pack your bags and leave immediately? How does the H-1B visa cancellation process work?

If you’ve found yourself in this situation, you’re not alone. Many professionals on an H-1B visa face unexpected job loss, leaving them scrambling for answers. The rules around termination, grace periods, and next steps can be confusing. This blog breaks it all down—what happens when your H-1B employment ends, how it affects your legal status, and what you can do to stay in the U.S. legally.

Before you assume the worst, let’s dive into the details. Whether you’re dealing with termination or just want to be prepared, understanding your options is crucial. Let’s get started.

 

 

What Happens When Your H-1B Job Ends?

Losing your H-1B job can be overwhelming, but you’re not immediately out of options. You have a 60-day grace period to address the situation, so don’t panic.

Step 1: Employer Notifies USCIS

Your employer must inform USCIS that your employment has immediately ended. Once they do:

• The I-797 approval notice becomes invalid once employment ends because H-1B status is tied to the specific employer.
• However, your visa stamp in the passport doesn’t “remain in effect” for future use it’s valid for entry only with a newly approved petition (e.g., via portability).

Step 2: Your 60-Day Grace Period Starts

The 60-day grace period begins the day after your employment ends. During this period, you can:

• Time to Find a New Job: The grace period allows you time to secure a new H-1B employer. As long as your new employer submits a valid petition on your behalf, you can start working immediately upon USCIS’s receipt of the petition, even before it’s approved.
• Change of Status Options: If you don’t find a new job, the grace period provides time to file for a change of status. This could involve switching to a different visa category (like H-4, F-1, or B-2) or applying for adjustment of status to become a permanent resident.
• Employment Authorization for Dependents: H-4 status and any associated EAD depend on the primary H-1B holder to maintain valid status. Once the H-1B holder’s status ends, the H-4 status and EAD are also affected.

Important Notes on the Grace Period:

• Voluntary and Involuntary Termination: The grace period applies regardless of whether your job ended voluntarily or involuntarily.
• End of Employment Date: The grace period starts the day after the end of your employment. This date is usually determined by the last day your wages are paid.
• Work Restrictions: If a new employer files a non-frivolous H-1B petition on your behalf during this grace period, you may begin working for the new employer upon USCIS’s receipt of the petition, even before approval.

Step 3: Final Paycheck & Severance

Your employer is required to pay your final wages by the next regular payday. If they offer severance pay, it can help you financially while you search for a new job. However, severance does not extend your 60-day grace period—it only gives you financial breathing room.

If you plan to return to the U.S. in the future, it’s crucial to show proof that you left before your grace period expired, as this helps demonstrate that you complied with the immigration rules. To learn more, feel free to reach out to The Law Office of Sweta Khandelwal.

What are the Options for Staying in the U.S. After Termination?

When a nonimmigrant worker’s employment is terminated, they may feel uncertain about their options and assume that they must leave the U.S. within 60 days. However, there are several legal options for remaining in the U.S., even after the H-1B visa cancellation process begins. If eligible, a worker can take the following steps to maintain an authorized stay:

• New Job and H-1B Portability

Another option is to find a new employer willing to sponsor your H-1B visa. The good news is that eligible H-1B workers can change employers (or “port”) without waiting for a new petition to be approved. Once the new employer submits a nonfrivolous H-1B petition (Form I-129) to USCIS, you can start working immediately.

However, if you are applying for a change to a different status or visa type, you will need to wait for approval before starting employment with a new employer.

• Change of Status for Spouses or Dependents:
  If you are in the U.S. on an H-1B visa, your dependent spouse may also be able to apply for a change of status. For example, an H-4 spouse may apply for work authorization or adjust their status if eligible.

• Filing a New H-1B Petition or Changing to a Dependent Visa

If you find a new employer willing to sponsor your H-1B visa, the new employer must file a petition on your behalf. As soon as USCIS receives the nonfrivolous petition, you can begin working for the new employer without waiting for the petition to be fully approved. This flexibility allows you to continue working during the grace period without risking loss of status.

• The Importance of Timely Action

The key to maintaining status and staying in the U.S. after employment ends is timely action. Filing for a change of status, adjustment of status, or a compelling circumstances employment authorization document within the 60-day grace period will allow you to remain in the U.S. legally. 

What to Know Before Changing Employers or Status:

• Labor Condition Application (LCA): If you are filing for a new H-1B petition, the new employer must submit a certified Labor Condition Application (LCA) as part of the petition. The LCA is typically processed within seven working days by the Department of Labor.
• Adjustment of Status: For workers pursuing a change to a green card (adjustment of status), porting can occur if the adjustment of status application (Form I-485) has been pending for at least 180 days and a valid underlying immigrant petition (Form I-140) exists.

Also Read: Creating a Perfect O-1 Visa Letter of Recommendation

Can Law Protect H-1B Employees After Termination?

When an H-1B worker’s employment is terminated, they are entitled to certain legal protections and rights under U.S. labor laws. These rights include:

1. Rights Upon Termination

• Final Paycheck: H-1B employees are entitled to receive their final paycheck, including any unpaid wages, for the work performed before termination. Employers must pay the final paycheck within the timeframe set by state labor laws.
• No Penalties: If an H-1B worker is laid off, the employer cannot impose any penalties related to the termination, such as paying back costs associated with the H-1B petition or fees, unless stipulated in a signed agreement.

2. Recourse Options

• Filing Complaints: If an H-1B worker believes their rights have been violated, they can file a complaint with the Department of Labor (DOL) for wage-related issues or with the Equal Employment Opportunity Commission (EEOC) for discrimination or wrongful termination claims. These agencies will investigate and take legal action on behalf of the worker.

Your situation is unique, and you deserve personalized advice from experts who care. Sweta Khandelwal and her team are ready to assist you. Reach out now to take the first step toward resolving your concerns.

Does Your Employer Have Any Responsibilities Post-Termination?

When your employment is terminated, your employer has some key responsibilities under the H-1B visa rules. These responsibilities help ensure you’re not left in a vulnerable position. Let’s break it down.

1. Notification to USCIS
Your employer is required to notify USCIS when they terminate your H-1B employment. The termination must be reported within a reasonable time. This includes notifying USCIS that your employment has ended and withdrawing your H-1B petition. Failure to do so could lead to complications, so make sure your employer follows through.

2. Return Transportation Costs
Your employer is also obligated to cover the cost of your return transportation to your home country if you’re terminated. This means they must pay for a flight back to your country of residence, provided you’re not voluntarily leaving. This responsibility is part of the employer’s duty to ensure you’re not financially burdened by the end of your employment.

Knowing these responsibilities can help you better navigate your situation if your employment is terminated. If you have concerns about your employer’s compliance or your rights, it’s time to talk to someone who can guide you.

Also Read: Handling EB-1C Green Card Revocation: A Practical Guide for Employers and Employees

What Are the Long-Term Consequences of Termination?

Termination from an H-1B job can have lasting effects on your immigration status, and it’s important to be aware of these consequences.

1. Effect on Future Visa Applications: Termination may impact future visa applications, especially if you fail to maintain lawful status after your job ends. An H-1B termination without proper steps could complicate applying for other visa types or even a green card in the future.

 If you remain in unauthorized status for a long period, you might face penalties, including a bar on reentry to the U.S. 

2. Potential for Deportation if Lawful Status Is Not Maintained
Failing to maintain lawful status after termination can lead to deportation. If you don’t act within the grace period or seek a status change, you could be forced to leave the U.S. It’s essential to stay proactive and consult with an immigration expert to avoid this.

If you’ve been terminated and are concerned about how this affects your future in the U.S., Contact the Law Offices of Sweta Khandelwal. Our team will provide expert guidance on how to protect your immigration status and take the necessary steps to keep your options open.

What Will You Do if Termination Occurs During the Green Card Process?

If your termination happens while you’re in the process of obtaining your Green Card, don’t panic. There are ways to proceed and preserve your status.

1. Retaining Priority Date with a New Employer
If your termination occurs after your I-140 petition (immigrant petition) has been filed, you may still be able to retain your priority date. Even if your original employer withdraws their petition, a new employer can file a fresh petition and request to retain your priority date. This allows you to keep your place in the Green Card queue.

2. Importance of Legal Consultation
Navigating the Green Card process with a new employer can be complex, and the risks are significant. That’s why seeking legal advice is essential. A skilled immigration attorney will help you ensure all the necessary paperwork is filed correctly, from the labor certification to the new I-140 petition. This helps maintain your eligibility and prevents unnecessary delays.

Also Read: H-1B to EB-1C Green Card: Steps and Requirements

 

 

Conclusion

In conclusion, while the H-1B visa cancellation process can be challenging, there are multiple paths you can explore to maintain your stay in the U.S. Whether it’s changing your visa status, securing a new job with employer sponsorship, or switching to a dependent visa, it’s important to understand all your options. Having expert legal guidance can make a huge difference, especially when dealing with complex immigration processes. 

If you’re feeling unsure about your next move, don’t hesitate to Contact the Law Offices of Sweta Khandelwal for a consultation. Sweta Khandelwal and her team are here to help you navigate your options, ensuring you’re on the right track. Contact The Law Offices of Sweta Khandelwal today and take the next step in securing your future in the U.S.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.