SoCal Immigration Services | Immigration Document Preparation in Southern California

Quick Answer

For H-1B workers in San Marcos facing job loss or company layoffs, the 60-day grace period provides critical time to maintain legal status. SoCal Immigration Services offers Arabic-speaking guidance on your options during this crucial period.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

What is the H-1B 60-Day Grace Period?

Since January 2017, H-1B workers whose employment ends have up to 60 days to take action to maintain legal status in the United States. This grace period applies when:

• You are laid off or terminated
• You resign from your position
• Your employer goes out of business
• Your project or assignment ends early

Important: The grace period is 60 days OR until your H-1B expiration date, whichever comes first.

Your Options During the Grace Period

You have several paths to maintain legal status during your 60-day grace period:

1
H-1B Transfer to New Employer
Find a new H-1B sponsoring employer and file a transfer petition. You can start working for the new employer once the petition is filed (if cap-exempt or previously counted).
2
Change to Another Status
File I-539 to change to B-1/B-2 tourist status, F-1 student status, or another valid status while you explore options.
3
H-4 Dependent Status
If your spouse has valid H-1B or other work visa status, you may be able to change to H-4 dependent status.
4
Leave the United States
If no other options work, depart the U.S. within 60 days to maintain a clean immigration record for future visa applications.

H-1B Transfer Process

Finding a new employer and transferring your H-1B is often the best option:

•New employer files Form I-129 H-1B petition
•Include copy of most recent pay stubs and H-1B approval
•Premium processing available for $2,805 fee (15 calendar days)
•Can start work for new employer when petition is received by USCIS
•No need to wait for approval if previously cap-exempt or counted
•Transfer must be filed while still in valid H-1B status

H-1B Transfer Timeline

Processing times for H-1B transfers from San Marcos area:

Processing Type	Timeline	Cost
Regular Processing	2-6 months	$460 I-129 fee
Premium Processing	15 calendar days	$460 + $2,805
Work Authorization	Upon receipt (if eligible)	N/A
Approval Validity	Up to 3 years	Depends on LCA

Changing to B-1/B-2 Status

If you can't immediately transfer to a new H-1B employer, changing to tourist status buys time:

Pros:
• Provides 6 months of legal status
• Time to continue job searching
• Can later change back to H-1B with new employer

Cons:
• Cannot work on B-1/B-2 status
• May need to prove sufficient funds
• Future H-1B may require new cap slot if previously cap-exempt

Changing to F-1 Student Status

Some H-1B workers choose to return to school while maintaining status:

•Must be accepted to SEVP-certified school
•File I-539 change of status within grace period
•Cannot work except for CPT/OPT if eligible
•May be able to do OPT and later get new H-1B
•Need proof of financial ability to pay tuition
•Academic programs must be full-time

What You Can and Cannot Do During Grace Period

Understanding your restrictions during the 60-day period:

Activity	Allowed?	Notes
Remain in U.S.	Yes	For up to 60 days
Work for old employer	No	Employment ended
Work for new employer	Maybe	Only if H-1B transfer filed
Job search	Yes	Actively encouraged
Travel internationally	Risky	May not be able to return
File H-1B transfer	Yes	Best option
File change of status	Yes	B-2, F-1, etc.
Receive unemployment	No	Not eligible on H-1B

Important Deadlines and Timing

Critical timing considerations for San Marcos H-1B workers:

• Grace period starts the day employment ends
• All petitions must be filed within 60 days
• USCIS must receive (not just mail) petitions in time
• Premium processing recommended for tight timelines
• Keep record of last day of employment
• Notify USCIS of address changes during grace period

Impact on Green Card Process

If you have a pending green card application (I-140 or I-485), job loss creates special considerations:

•I-140 less than 180 days old: May be revoked if employer withdraws
•I-140 more than 180 days approved: Priority date usually preserved
•I-485 pending more than 180 days: May be able to port to new employer
•AC21 portability allows job changes in same or similar occupation
•New employer does not need to file new I-140 if porting
•Consult with professional about your specific situation

San Marcos H-1B Support Services

SoCal Immigration Services helps San Marcos H-1B workers with:

•Grace period timeline assessment
•H-1B transfer documentation
•Change of status application assistance
•Arabic and English language support
•Job offer letter review for new employers
•Green card portability guidance

FAQFrequently Asked Questions

Q:When does the 60-day grace period start?

A: The grace period begins on your last day of employment. If you're laid off on January 1st, you have until March 2nd (60 days) to file for transfer, change of status, or depart the U.S.

Q:Can I work during the 60-day grace period?

A: You cannot work for any employer during the grace period unless a new H-1B transfer petition has been filed with USCIS. Once filed, you may work for the new employer while the petition is pending.

Q:What if my H-1B expires during the grace period?

A: Your grace period is 60 days OR until your H-1B expiration, whichever comes first. If your H-1B expires in 30 days, you only have 30 days, not 60.

Q:Can I travel outside the U.S. during the grace period?

A: Travel is risky. You may not be allowed to re-enter the U.S. since you don't have active employment. Wait until your H-1B transfer is approved if possible.

Q:What if I can't find a new H-1B sponsor in 60 days?

A: File for a change of status to B-1/B-2 or another valid status before the 60 days end. This gives you more time while maintaining legal status.

Q:Can my spouse work on H-4 during my grace period?

A: H-4 EAD holders may continue working if their EAD is valid. However, the H-4 status depends on your H-1B, so if you fall out of status, it affects your spouse too.

Disclaimer: This article provides general information about immigration services in San Marcos and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: January 31, 2026Last Updated: January 31, 2026

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