What is the deadline to file a transfer petition after termination?

When employment under an H-1B visa ends, there is a limited grace period during which the professional may remain lawfully in the United States to seek a new employer, file a transfer petition, or take steps to change status without falling out of legal status. It is within this window that the new employer and the beneficiary must prepare and submit the petition.

This grace period is not unlimited and is also tied to the authorized period of stay reflected in the entry document (I-94). Because this period can be updated by the authorities, the exact timeframe should not be assumed from memory: the safest approach is to confirm the current period directly with the official source.

To act safely during this phase:

• Start organizing the transfer as soon as employment ends, without waiting until the last moment.
• Coordinate with the new employer to prepare the petition within the allowed period.
• Confirm the current timeframe and requirements directly with USCIS.

Each case has its own specifics, and the rules can change. Therefore, avoid assuming guaranteed outcomes and, in particular situations, rely on the guidance of a trusted immigration professional to avoid missing important windows.

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.