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Last verified 2026-06-09.
After an H-1B layoff, workers generally have a grace period of up to 60 consecutive days (or until the I-94 end date, whichever is shorter) to find a new employer, change status, or depart the U.S.
A laid-off H-1B worker has a discretionary grace period of up to 60 days, or until their I-94 expires if that is sooner, to act before falling out of status.
H-1B portability lets a worker begin employment with a new employer as soon as a non-frivolous H-1B transfer petition is filed, without waiting for approval.
Under AC21 portability, an H-1B worker may start working for a new employer upon USCIS receipt of a properly filed H-1B petition.
The three employment-based green card categories most H-1B workers use are EB-1, EB-2, and EB-3.
Most H-1B holders move toward a green card through one of three employment-based categories: EB-1, EB-2, or EB-3.
EB-1 does not require PERM labor certification, which makes it the fastest employment-based green card path for those who qualify.
EB-1 is for individuals with extraordinary ability, outstanding researchers, and certain multinational managers, and it does not require PERM labor certification.
Most EB-2 and EB-3 green card cases require PERM labor certification before the employer can file Form I-140.
PERM is the first step for most EB-2 and EB-3 cases; once certified, the employer files Form I-140.
A worker's priority date is the date the PERM labor certification was filed, and it determines their place in line for an immigrant visa number.
The date your PERM was filed becomes your priority date — the place you hold in line for a visa number.
EB-3 generally has the longest waits of the three categories, especially for applicants born in India and China.
EB-3 almost always requires PERM and generally has the longest waits, especially for applicants born in India and China.
An RFE (Request for Evidence) is a USCIS notice asking for additional documentation before a decision is made; it is not a denial.
An RFE means USCIS needs more evidence to decide the case; it is a request for documentation, not a denial.
An H-1B RFE must be answered by the deadline stated on the notice, because missing it can lead to denial of the petition.
Respond fully by the deadline printed on the RFE; a missed deadline typically results in denial.
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Beyond staying in the U.S., H-1B workers facing job loss can consider alternate destinations such as Canada, the UK, and other countries with skilled-worker routes.
H1BPivot maps alternate destinations for visa holders, including Canada and the UK, when staying in the U.S. is not viable.
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EB-2 applicants may pursue a National Interest Waiver (NIW) to bypass the PERM labor certification requirement.
Most EB-2 cases require PERM unless you pursue a National Interest Waiver (NIW).