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Have you been laid off by a company in the US while still on an H-1B visa, and don't know what to do next? Here, we provide some suggestions, based on US law and AI tools such as ChatGPT and Gemini.
We asked ChatGPT and Gemini one question: "What should I do in 2026 if I have been laid off while on an H-1B visa in the US?" In answer, the tool provided a "clear, practical action plan to protect your status and options." Here's what they said.
1. Do you know you can stay in the US after a layoff? But conditions apply
The most important thing after a layoff is to utilise your 60-day grace period.
You have up to 60 days (or until your I-94 expiry, whichever is earlier) from your last working day, ChatGPT stated. One can use this time to:
> Find a new employer
> File a change of status
> Prepare to leave the US
During this time, ChatGPT says that the person is still in lawful status but cannot work unless a new H-1B petition is filed.
Under the US laws, the United States Citizenship and Immigration Services (USCIS) states that when an H-1B worker’s employment is terminated (either voluntarily or involuntarily), "they typically may take one of several actions to remain in a period of authorised stay in the United States beyond 60 days."
ChatGPT pro-Tip: Start acting immediately.
Gemini pro-tip: Confirm your official "last day of employment" with HR. Severance pay usually does not extend this date unless you are kept on the official payroll as an active employee.
Caution: One is, however, cautioned not to overstay beyond this period.
2. H-1B transfer (change of an employer)
In this case, a new employer can file an H-1B transfer, allowing an individual to transfer their H-1B status without leaving the US. You can start working as soon as USCIS receives the petition (no need to wait for approval), according to ChatGPT.
A person just needs to "secure a job offer from a US employer", the employer then files H-1B Change of Employer petition and then, the person "can start working as soon as USCIS receives the petition (receipt notice), not approval."
ChatGPT pro-Tip: Prioritise employers willing to file premium processing.
Gemini pro-tip: Request Premium Processing to get a decision within 15 business days.
3. Changing Visa Status
Is getting a new job quite difficult? An individual can file a Change of Status within 60 days. Common options include:
> B-2 (Visitor) – to stay legally while job hunting
> F-1 (Student) – if enrolling in a course (OPT may later be possible)
> H-4 – if spouse is on H-1B (EAD possible in some cases)
> O-1 – if you have extraordinary ability (senior professionals, researchers, media, tech leaders)
> Dependent visas if eligible
ChatGPT Pro Tip: Filing on time allows the applicant to stay while the application is pending. Additionally, the aspirant must file before the grace period ends, even if approval is received later.
Gemini pro-tip: If you find a job while the B-2 is pending, your new employer can file an H-1B petition. Note that in 2026, stricter scrutiny may require you to briefly leave the US and re-enter to "activate" the new H-1B if the B-2 hasn't been adjudicated yet.
4. Change to dependent status
Gemini cites Visa Nation Law Group to explain that if an individual's spouse is also in the US on a valid work visa (H-1B, L-1, O-1, etc.), the individual can apply to change their status to their dependent (H-4, L-2, etc.)
"If your spouse has an approved I-140, you may eventually be eligible for an H-4 EAD, though this takes several months to process," Gemini's response adds.
5. One has a 'big advantage' if...
An H-1B visa holder who has been laid off enjoys a 'big advantage' if they have an approved I-140. As per ChatGPT's advice, if your I-140 is approved, you have "extra protection". In long-term, it will allow the person to:
> Extend H-1B beyond 6 years
> Have more flexibility and less risk during transfers
> Even if laid off, the I-140 usually remains valid
6. Leaving US is also OK
If nothing works out:
> AN individual may leave the US within the grace period
> You can later: Return on a new H-1B
Appl
Have you been laid off by a company in the US while still on an H-1B visa, and don't know what to do next? Here, we provide some suggestions, based on US law and AI tools such as ChatGPT and Gemini.
We asked ChatGPT and Gemini one question: "What should I do in 2026 if I have been laid off while on an H-1B visa in the US?" In answer, the tool provided a "clear, practical action plan to protect your status and options." Here's what they said.
1. Do you know you can stay in the US after a layoff? But conditions apply
The most important thing after a layoff is to utilise your 60-day grace period.
You have up to 60 days (or until your I-94 expiry, whichever is earlier) from your last working day, ChatGPT stated. One can use this time to:
> Find a new employer
> File a change of status
> Prepare to leave the US
During this time, ChatGPT says that the person is still in lawful status but cannot work unless a new H-1B petition is filed.
ChatGPT pro-Tip: Start acting immediately.
Gemini pro-tip: Confirm your official "last day of employment" with HR. Severance pay usually does not extend this date unless you are kept on the official payroll as an active employee.
Caution: One is, however, cautioned not to overstay beyond this period.
2. H-1B transfer (change of an employer)
In this case, a new employer can file an H-1B transfer, allowing an individual to transfer their H-1B status without leaving the US. You can start working as soon as USCIS receives the petition (no need to wait for approval), according to ChatGPT.
A person just needs to "secure a job offer from a US employer", the employer then files H-1B Change of Employer petition and then, the person "can start working as soon as USCIS receives the petition (receipt notice), not approval."
ChatGPT pro-Tip: Prioritise employers willing to file premium processing.
Gemini pro-tip: Request Premium Processing to get a decision within 15 business days.
3. Changing Visa Status
Is getting a new job quite difficult? An individual can file a Change of Status within 60 days. Common options include:
> B-2 (Visitor) – to stay legally while job hunting
> F-1 (Student) – if enrolling in a course (OPT may later be possible)
> H-4 – if spouse is on H-1B (EAD possible in some cases)
> O-1 – if you have extraordinary ability (senior professionals, researchers, media, tech leaders)
> Dependent visas if eligible
ChatGPT Pro Tip: Filing on time allows the applicant to stay while the application is pending. Additionally, the aspirant must file before the grace period ends, even if approval is received later.
Gemini pro-tip: If you find a job while the B-2 is pending, your new employer can file an H-1B petition. Note that in 2026, stricter scrutiny may require you to briefly leave the US and re-enter to "activate" the new H-1B if the B-2 hasn't been adjudicated yet.
4. Change to dependent status
Gemini cites Visa Nation Law Group to explain that if an individual's spouse is also in the US on a valid work visa (H-1B, L-1, O-1, etc.), the individual can apply to change their status to their dependent (H-4, L-2, etc.)
"If your spouse has an approved I-140, you may eventually be eligible for an H-4 EAD, though this takes several months to process," Gemini's response adds.
5. One has a 'big advantage' if...
An H-1B visa holder who has been laid off enjoys a 'big advantage' if they have an approved I-140. As per ChatGPT's advice, if your I-140 is approved, you have "extra protection". In long-term, it will allow the person to:
> Extend H-1B beyond 6 years
> Have more flexibility and less risk during transfers
> Even if laid off, the I-140 usually remains valid
6. Leaving US is also OK
If nothing works out:
> AN individual may leave the US within the grace period
> You can later: Return on a new H-1B OR apply from a third country (not necessarily home country)
> This does not harm future visa chances if done legally
ChatGPT pro-tip: Overstaying even by one day can create serious future visa issues.
What NOT to Do
ChatGPT's response strictly advised the affected individual to avoid these common mistakes:
> Overstaying the grace period
> Don’t wait until day 59 to act to file a change of status
> Don’t keep working after termination (working without an approved/pending petition)
> Assuming “verbal offers” protect status without filings
Smart Checklist
ChatGPT's smart checklist included four points:
> Confirm last working day (grace period starts then)
> Ask employer if the termination notice has been sent to USCIS
> Update resume and alert recruiters immediately
> Talk to an immigration attorney (even a consult helps)
The tool also provided a weekly plan that a person can follow:
Within the first week:
> Confirm last working day and I-94 expiry
> Update resume
> Start job applications
> Consult an immigration attorney
By day 30–45:
> Either have H-1B transfer filed OR
> File change of status (B-2/F-1/H-4)
English (US) ·