Getting laid off is awful enough on its own. But, for someone in H-1B status, the first panicked question is usually "do I have to leave the country?" Right now, the answer is no, you get a cushion, or grace period. But DHS has proposed getting rid of that grace period entirely. Let's go over both: what you actually have today, and what's on the table to take it away.
Laid Off? How Much Time Do You Get Right Now?
When your H-1B employment ends, you don't immediately fall out of status. Current rule gives you up to 60 days, or whatever's left on your authorized validity period, whichever is shorter. You can't work during that window, but you're not considered "out of status" either. It covers H-1B, H-1B1, L-1, O-1, E-1/E-2/E-3, and TN workers, plus their H-4/dependent family members. It’s important to note that this grace period is, and has always been discretionary, not guaranteed, but it has (until this administration) been assumed. USCIS has always had the ability to shorten or decline it when it reviews new filings.
What Can You Do With Those 60 Days?
This 60-day-window exists so you have a chance to land on your feet in the event that a layoff occurs. Finding a new employer to file a fresh H-1B petition on your behalf (an employer change, often called a "port"), filing a change of status to something else you qualify for, filing for a green card step like I-485 if you're eligible, applying for a compelling-circumstances EAD, or packing up and leaving the country in an orderly way instead of in a panic. It is not extra time to keep working, and you cannot work without appropriate authorization.
This Rule is Under Threat Right Now
DHS has formally proposed eliminating this grace period entirely, not shortening it, eliminating it (Docket USCIS-2026-0364, RIN 1615-AD22, comment period open through November 10, 2026). If it's finalized as written, workers and their dependents would be treated as out of status starting the very next day after employment ends. The compelling-circumstances EAD path would get harder to qualify for too, since it currently leans on that same 60-day bridge. This is still just a proposal. If you have not already, please go comment before November 10th.
Where Connect by InHouse Core Helps
This is exactly the kind of thing Connect by InHouse Core is built to help you manage. With Connect, you have access to attorneys that you can trust to be responsive, and to give good, ethical advice; it is built to notify you when something status-relevant like this proposal moves, so you're not finding out a rule changed from a panicked group chat or forum; it also tracks the Visa Bulletin against your own priority date, which matters a lot if a layoff pushes you toward filing for your green card sooner than planned; and it has resources and a glossary you can access if you have questions about processes or immigration terms.
TLDR
Right now, losing your H-1B job gives you up to 60 days (or whatever's left on your validity period) to find a new employer, change status, file for a green card step you qualify for, or leave, without being treated as out of status. It's always been discretionary, not guaranteed.
DHS has proposed eliminating it entirely, which would mean status ends the day after your job does. The proposal is not final yet, with comments open through November 10, 2026.
This post is for general information only and is not legal advice. For guidance on your specific situation, please consult a licensed immigration attorney.
