i got laid off five weeks ago. i'm going to share exactly how the 60-day grace period works because the information online is confusing and a lot of it is outdated.
the basics: if you're on H1B and you lose your job, USCIS gives you a 60-day grace period. your status doesn't immediately lapse. you have 60 days to do one of: get a new employer to file a transfer petition, change to a different visa status (F1, O1, EB waiver if you're lucky), or leave the country.
when does the 60 days start? this is the one people get wrong. it starts on your last day of employment, not the day you sign the severance agreement, not the day the company announces layoffs, not the day you stop going into the office. the date on your termination letter is your day zero.
what actually matters during those 60 days: get your offer letters, pay stubs, and I-797 approval notice somewhere safe and offline immediately. do this today, before your work email gets deactivated. talk to an immigration attorney. not a forum post, an actual attorney. many do free 30-minute consultations. the cost of a consult is nothing compared to what an overstay costs you. a company doesn't need to start a new H1B process to hire you. an H1B transfer (portability) just requires them to file a petition. you can start working on the day they file, not the day it's approved. this makes a huge difference for your timeline.
my timeline so far: day 0 (layoff): emailed my attorney, pulled my immigration files. day 3: signed severance, started applying. day 8: first recruiter screen. day 22: offer extended, attorney started transfer petition. day 30: I-129 filed, i started. 30 days used.
i know i'm lucky the timeline worked. but doing everything in parallel instead of sequentially is how you don't run out of days. the job search and the immigration process cannot be sequential. they have to be concurrent.