- By Shivangi Sharma
- Mon, 24 Nov 2025 09:34 PM (IST)
- Source:JND
A 29-year-old H-1B employee recently sparked a major discussion among Indian tech workers after revealing on Reddit that he was laid off less than a month after returning to the United States. The anonymous user, who had been with the same employer since completing his master’s degree in 2021, detailed how his 2024 H-1B lottery attempt failed, forcing him to return to India where he continued working remotely. When his petition was selected this year, he moved back to the US, only to lose his job weeks later.
His story reflects the growing instability surrounding the H-1B landscape, where approval is no longer synonymous with security. Immigration attorney Rahul Reddy of Reddy Neumann Brown PC warns that many workers fall into the trap of assuming layoffs “won’t happen to me.” In reality, he says, every H-1B employee needs a backup plan before trouble strikes.
Reddy outlined several critical Plan B options that can help H-1B workers maintain lawful status if suddenly terminated:
1. B-2 Visitor Status: Time To Regroup
Filing a timely B-2 application can provide several months in the United States to consider next steps. Although it does not allow employment, it offers breathing room during a stressful transition period and prevents immediate departure.
2. F-1 Student Status: Stay and Upskill
For those willing to pursue further education, switching to an F-1 student visa can be a practical way to legally remain in the country. As long as the new academic program begins within the grace period, the status change is valid and preserves future employment opportunities through OPT.
3. H-4 Dependent Status: The Most Overlooked Safety Net
If a spouse holds an H-1B, shifting to H-4 is often the safest and simplest option. It avoids international travel, ensures lawful stay, and may provide access to an H-4 Employment Authorisation Document (EAD), enabling work eligibility.
4. Returning To India: Now Riskier Than Before
Earlier, many workers simply returned home and re-entered with a new H-1B. But with the recently introduced USD 100,000 H-1B fee rule, traveling during the grace period can trigger unexpected complications. Workers must carefully determine whether they fall under this new requirement before leaving the US.
Understanding The 60-Day Grace Period
The USCIS-stipulated grace period activates only after termination and only if the worker is inside the US with an unexpired I-94. For example:
Laid off on September 1, 2025 with I-94 valid until March 2026 → grace period ends October 31, 2025.
No grace period applies if the worker is outside the US, if the I-94 is expired, or if visa rules have been violated.
While sixty days may sound sufficient, many workers struggle to find a new employer, file a transfer and stabilise emotionally within that window.