Can I stay in the U.S. after being laid off if my I-94 is still valid?

Not automatically. With H-1B status, the I-94 records your entry and the authorized period of stay, but it alone does not maintain your status after employment ends. H-1B status is tied to your employment relationship, so a layoff affects your immigration status even if the I-94 expiration date has not yet arrived.

The good news is that the law provides a grace period after employment ends, designed specifically to give displaced workers some breathing room. Within that window you may:

• find a new employer willing to file a sponsorship petition;
• apply to change to another status category, if eligible;
• arrange an orderly departure from the country, if neither of the above options works out.

The key point is that status does not continue on its own: without an employer or a formal action taken within the grace period, your stay becomes irregular even if the document appears valid. Because the exact length of the grace period and its conditions may change, it is worth confirming current rules with USCIS and reviewing your situation with an immigration attorney before taking any action.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.