Can I stay in the U.S. if I lose my job before my visa is renewed?

Lexi, Chatbot

I understand you have a question about immigration. Can you please specify if your question is related to visas, green cards, citizenship, or another immigration matter?

Lexi, Chatbot

Are you currently residing in the United States or are you located outside of the country?

Lexi, Chatbot

Is there anything else the immigration lawyer should know before I connect you? Rest assured they’ll be able to help with your work visa.

Gurney P

Welcome and thank you for your questions. My name is Gurney, and I’m the immigration attorney who will be assisting you today. I’ll draw on my years of experience as an attorney and former prosecutor to offer some guidance. How can I help?

Gurney P

Excellent questions — and smart thinking ahead. Here’s how this works:

Grace Periods and Timing

If you lose your job before Aug. 31, 2025, your current H1B governs. There’s no 60-day grace period beyond that date — you must stop working immediately and leave or change status before Aug. 31.

If terminated on or after Sept. 1, 2025, the new H1B applies, giving you a 60-day grace period to find a new employer, file a transfer, or change status (8 C.F.R. § 214.1(l)(2)).

Filing a B-2 as a Backup

• You can preemptively file an I-539 for B2 (visitor) status while still employed.
• This “bridge filing” protects you if you’re terminated before Aug. 31 — it keeps you in a period of authorized stay.
• If you’re still employed past Sept. 1, you can withdraw the B2 and stay on H1B.

Processing Time for I-539

• You can file the same day (online or mail). The filing date controls.
• Even if USCIS takes months, you’re protected as long as it’s filed before Aug. 31.
• You’ll have enough time — just don’t wait until the very last day.

Other Options

• You could explore F1 (student) or O1 (extraordinary ability) if eligible.
• Or, if another employer sponsors you, you can file a transfer within the 60-day grace period after Sept. 1.

Bottom line: Filing a protective B2 now is smart insurance. If you’re still employed after Sept. 1, you can withdraw it.

I-539 Processing Time: Typically 3–8 months. It’s very unlikely to be approved in a week. If it’s approved while you’re still employed, your work authorization ends immediately (since B2 doesn’t allow work). But that almost never happens.

Buying Time & Withdrawal:

• File the B2 now while still on H1B (8 U.S.C. § 1258).
• If you’re still employed past Sept. 1, simply withdraw the I-539.
• USCIS treats it as if it never took effect.

Protective Filing Strategy Memo

• If terminated before Aug. 31, 2025: File I-539 immediately; you’ll have authorized stay. Keep job hunting — a new employer can file a transfer using your pending B2 as a bridge.
• If employed through Sept. 1, 2025: The new H1B kicks in. Withdraw the I-539; you’re protected.
• If terminated after Sept. 1, 2025: You’ll have 60 days to transfer, change status, or file B2.

Gurney P

Unfortunately, no. USCIS filing fees are non-refundable, even if you withdraw after it’s accepted.

Gurney P

No worries! And you’re right — the O1 requires a U.S. sponsor, not self-petition.

For self-initiated options:

• EB-1A (Extraordinary Ability Green Card) — self-petition possible, but it’s a permanent residency path.
• NIW (National Interest Waiver, EB-2) — also self-petition if your work benefits the U.S.
• B2 Visitor — short-term, not for work.

Aside from EB-1A or NIW, there’s no U.S. self-initiated nonimmigrant visa that allows work while maintaining H1B.

Gurney P

Correct. Those take months to prepare and file. Even with premium processing, it’s too tight a timeline. They’re great long-term options, but not immediate solutions for maintaining H1B status. For now, the B2 protective filing is your most practical self-initiated option before Aug. 31, 2025.

Gurney P

You’re very welcome! I’m glad I could bring some peace of mind during this anxious time. Take care, and best of luck with your upcoming interviews!