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Avoid Being Laid Off and Caught Off Guard: Build Your H-1B Plan B Early

Most H-1B professionals never imagine they will lose their job. They believe their performance, skills, and loyalty will shield them from layoffs. But layoffs don’t discriminate. They arrive suddenly, without warning, and the immigration consequences are immediate and unforgiving. The biggest mistake H-1B workers make is assuming “it won’t happen to me.”

The truth is simple: every H-1B worker needs a Plan B—before a crisis hits.

The 60-Day Reality Check
Once employment ends, the H-1B worker enters a strict 60-day grace period. Sixty days feels long, but it disappears quickly when you’re scrambling for a new job, hoping for an H-1B transfer, and trying to process the shock of losing your status anchor. Many people lose precious time hoping their employer will reverse the decision. They rarely do.

Why So Many Get Caught Off Guard
Patterns repeat in almost every case:

  • Assuming job security is permanent. Even strong companies collapse or restructure.
  • No backup immigration plan. Most think finding another H-1B job will be easy—not in today’s market.
  • Delayed decisions. The grace period doesn’t pause for hesitation.

Planning early is not pessimism—it is basic survival for any non-immigrant worker.

Plan B Options Every H-1B Worker Must Know
If a layoff hits, the clock starts ticking immediately. Knowing the options before you need them is the smartest move.

1. B-2 Visitor Status – Time to Regroup
A timely B-2 filing allows the individual to remain in the U.S. for several months while exploring options. No work authorization—but it gives breathing room.

2. F-1 Student Status – Upskill and Stay
If returning to education makes sense, an F-1 change of status can keep the person in the U.S. Legally valid, but the program start date must align with the grace period.

3. H-4 Dependent Status – The Most Underused Safety Net
If the spouse is on H-1B, H-4 is often the safest option. It avoids unnecessary travel and keeps the worker in the country. If eligible, H-4 EAD becomes an added advantage.

4. Returning to the Home Country – Now a Risky Move
Leaving the U.S. during the grace period keeps you lawful, but coming back on a new H-1B may now trigger the $100,000 H-1B fee rule for many workers. What used to be a simple “go home and return with a new approval” is no longer a risk-free option. Anyone considering travel must evaluate whether they fall under this new requirement.

Final Message
Layoffs are unpredictable. Immigration rules are becoming harsher. Every H-1B worker must prepare a Plan B long before they need one—because once the countdown starts, every day matters.

By: Rahul Reddy

Rahul Reddy is the founding partner of Reddy Neumann Brown PC. He founded our firm in 1997 and has over 28 years of experience practicing employment-based immigration. Rahul‘s vast knowledge of the complex immigration system makes him an invaluable resource and an expert in the field. His personal experience with the immigration system has made him empathetic to each of his clients’ cases and empowered him to help others achieve the American Dream.

Rahul‘s dedication to serving the immigrant community is evident, from his daily free conference calls to his weekly immigration Q&As on Facebook and YouTube Live. He is an active member of the immigrant community and one of the founders of ITServe Alliance. He has been a member of American Immigration Lawyers Association since 1995.