'Waiting until last week is risky': Redditors on H-1B worker who mistook 60-day grace period as a soft deadline

For thousands of Indians working in the U.S. on H-1B visas, a layoff doesn’t just mean loss of income — it sets off a ticking clock. The 60-day grace period to find new employment or change status is strict, and any misstep can carry serious consequences. Yet confusion around this rule remains widespread.

A viral discussion on r/returnToIndia captured this reality when one user recounted the story of a friend who misunderstood the rule. “A friend of mine lost his job earlier this year and thought the 60 days were a ‘soft deadline.’ He stayed longer while job hunting, thinking it wouldn’t matter. Unfortunately, once those 60 days were up, he was out of status. When he later tried to leave, it created a record of violation that now shows up every time he applies for a U.S. visa,” the post read.

 

 

 

 

 

 

The user explained that many immigrants miscalculate when the countdown actually begins. “Misunderstanding severance” is a common mistake, he wrote, noting that different companies handle it differently. If someone is still officially on payroll during a garden-leave period, the 60-day clock starts later, but if termination is immediate with a lump-sum payout, the clock starts right away. “Severance itself doesn’t extend status — it depends on whether you are still considered an employee,” he clarified.

Another trap is assuming that any application protects one’s legal stay. “Only certain petitions filed with USCIS like an H-1B transfer or change of status filed within the 60 days can keep you in a ‘period of authorized stay.’ A labor cert or PERM filing does not.

 And if the petition is denied, that protection ends.” Waiting until the last week is also risky, he added, since paperwork takes time and the grace period ends with either 60 days or the expiry of the I-94, whichever is shorter. “The clock starts the day after your actual last day of employment (as defined by payroll/benefits), not simply when you receive a severance check,” the Redditor wrote.

The post ended with a blunt warning: “Not legal advice just sharing the facts so others don’t repeat the same mistakes. If you’re in this situation, don’t wait until the last week to figure it out.”

Responses came in fast. One user dismissed the friend’s decision as basic ignorance: “Well your friend is an idiot to do that mistake, honestly. It’s literally the first rule of H1B. 60 days is a hard limit.” 

Another tied it to what he called a cultural habit of delay: “That is Indian mentality… we will see attitude. Like when govt announces all should get FASTag for cars — they had to extend that for 2-3 years. Still not many did that. Then govt put in a rule, cash payments are double that of charges… then many started jumping in. Western countries follow rules… no deviation.”