H-1B visa holders need to be cautious about the strict rules that govern their stay in the United States, especially after job loss. Even small missteps can leave a lasting mark on immigration records. A recent Reddit post described how an Indian professional misjudged these rules, treating the 60-day grace period as a “soft deadline,” and is now facing visa complications.
The individual, an Indian national, was laid off earlier this year. Under US Citizenship and Immigration Services (USCIS) guidelines, H-1B workers whose employment ends are given 60 days to find new work, change visa status or leave the country. The Reddit post revealed he ignored this timeline, assuming he had more flexibility.
The user wrote, “He lost his job earlier this year and assumed the 60 days were kind of a ‘soft deadline.’ He stayed a bit longer while still job hunting, thinking it wouldn’t matter as long as he found another role soon. Turns out that’s not how it works.”
According to the post, once the period lapsed, the man’s status became invalid. When he tried to leave, his overstay was recorded, creating a violation mark on his file. “Now, every time he applies for a US visa, it shows up as a red flag,” the post added.
Other Reddit users responded sharply. One commented, “Well, your friend is an idiot to make that mistake, honestly. It’s literally the first rule of H1B. 60 days is a hard limit.” Another said, “No one believes it is a ‘soft’ deadline. Even one day past it is overstaying.”
Other recent cases
Earlier, three Indian H-1B holders were refused entry to the US in July 2025. Despite having valid documents, they said officials cancelled their visas at the port of entry, citing extended time spent outside the country.
When does the 60-day grace period apply?
USCIS clarifies that the grace period applies only inside the US and only after termination of employment.
For example:
• If someone is laid off on September 1, 2025, with an I-94 valid until March 2026, they have until October 31, 2025, to secure new employment, change status or depart
• The grace period does not apply if the H-1B holder is outside the US
• It does not apply if the I-94 has expired or if the person violates visa conditions, such as unauthorised work
Grounds for cancellation
USCIS says a visa may be revoked if:
• The sponsoring employer withdraws the petition
• The visa holder breaches conditions, such as by working without authorisation
• There is evidence of fraud or misrepresentation
• The person overstays without switching to another status
A recent US embassy advisory stated, “A US visa is a privilege, not a right. Screening does not stop after the visa has been issued, and authorities may revoke it if one breaks the law.”