Visto n' Visa

How do I maintain my status while between jobs?

With the H-1B, your status depends on the sponsoring employer, so being between jobs requires care. Use the grace period to find new sponsorship and confirm timelines and alternatives with USCIS.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 14, 2026
1 min read
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With the H-1B, your immigration status is tied to the sponsoring employer. Because of this, a termination or job change requires careful attention to avoid falling out of status in the United States.

When the employment relationship ends, there is a grace period to get your situation in order. It is a limited window designed to give you time to secure a new job offer and have a new visa petition filed before your status is affected. This period, however, is not an absolute guarantee and does not cover every scenario.

If you are unable to obtain new sponsorship within that window, consider other options, such as:

  • Changing to another visa status that fits your circumstances.
  • Planning an orderly departure from the country to avoid accumulating time out of status.

While there is any uncertainty about your status, avoid leaving the U.S. on impulse, as doing so can complicate future entries and applications. Because timelines and rules can change, confirm the exact length of the grace period and your alternatives with USCIS or an immigration professional before making any decisions.

Learn more about H-1B

Initial validity
3 years
Extension
Up to 6 years total
Annual cap
85,000 visas
Processing
6-12 months
All about H-1B

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.

Victoria's tips

How do I maintain my status while between jobs?

With the H-1B, your status depends on the sponsoring employer, so being between jobs requires care. Use the grace period to find new sponsorship and confirm timelines and alternatives with USCIS.

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