STOP H1B TIME CLOCK
Losing a job is never easy. Especially if you’re on H1B and in USA. It means you only have 60 days to find a new job. And in this job market, its tougher than ever to find a new job. So, if you happen to be in a position where you are losing your job or on performance improvement plan or laud off, here are some options that can help you.
I do want to start by saying, that the best option is to find another job in 60 days with an H1B sponsor. That protects you from having to use any of the below options. From the other options, none of them are really the best and they are conditional or expensive but sharing them so that you can evaluate it.
File a Change of Status (COS) to B-2 (Tourist Visa)
Purpose: To stay lawfully in the U.S. while you look for a new job or prepare to leave.
How it works:
File Form I-539 with USCIS before your 60-day grace period ends.
Include a cover letter explaining your situation: recent job loss, intent to remain temporarily, and plans to depart or switch status soon.
Provide evidence of financial support, ties to your home country, and a reason for needing more time (e.g., job search, preparation for departure).
Pros:
You can remain in the U.S. while it’s pending, even after the 60 days.
Allows flexibility to find a new H-1B sponsor and later file for another COS back to H-1B.
Cons:
You cannot work on a B-2.
If denied after the 60 days, you might accrue unlawful presence retroactively.
Change of Status to F-1 (Student Visa)
Purpose: To begin a program of study and remain legally in the U.S.
How it works:
Apply to a SEVP-certified school (e.g., university or community college).
Once accepted, get a Form I-20 from the school.
File Form I-539 to request a COS from H-1B to F-1 before day 60.
Pros:
Lets you remain legally while studying.
Eventually allows for CPT/OPT, which can lead back to work or H-1B.
Cons:
Must be a full-time student.
You may need to wait several months for approval, and cannot work until eligible CPT/OPT begins.
Colleges offering Day 1 CPT :
West Coast
Westcliff University (CA, FL, TX) – Offers STEM master's (IT, CS, MBA) with CPT integrated.
Sofia University (CA) – STEM programs: MSCS, Data Analytics MBA.
Humphreys University (CA) – MBA (IT) CPT-enabled. Affordable tuition.
California Institute of Advanced Management (CIAM) – MBA CPT programs.
Midwest
Indiana Wesleyan University (IN) – STEM programs (MSAI, IT, Data Analytics).
National Louis University (Chicago, IL) – STEM: Business Analytics MS.
Ottawa University (KS, AZ, WI) – STEM-certified EMBA.
Northeast
New England College (NH) – Executive STEM master’s in Data Analytics, Cybersecurity, etc.
Monroe College (NY) – STEM MBA & MSCS with CPT options; located near NYC.
Harrisburg University (PA) – STEM MS programs in Analytics, CS, Healthcare, Cybersecurity.
McDaniel College (MD) – MS Data Analytics. Affordable option.
Saint Peter’s University (NJ) – MS in Data Science & Business Analytics (STEM).
Goldey-Beacom College (DE) – MBA, MS Finance, Management (affordable per credit).
South
Tennessee Wesleyan University (TN) – STEM MBA/MSPM/MSBA.
Texas Wesleyan University (TX) – CPT-enabled graduate programs.
Dallas Baptist University (TX) – STEM: MS IT & Management, MBA.
Key Considerations
Legitimacy: Make sure the program has genuine academic structure—online-only or low onsite days can raise red flags.
Timeliness: Timing is essential—CPT authorization often takes 5–15 business days after application.
STEM vs Non-STEM: STEM programs offer up to 3 years of post-graduation OPT; non-STEM only 1 year. But extensive full-time CPT (>12 months) may reduce OPT eligibility.
CPT approval not automatic: Even in Day 1 CPT programs, DSO review and program documentation matter.
If married to H1B spouse
Change of Status to H-4 (Spouse of H-1B)
If your spouse is on an H-1B visa, you can switch to H-4 dependent status.
Requirements:
Your spouse must be in valid H-1B status.
You file Form I-539 for COS to H-4 before the 60 days are up.
Pros:
Keeps you legally in the U.S.
In some cases (e.g., if your spouse has an approved I-140), you may also work on an H-4 EAD.
Cons:
You cannot work without H-4 EAD.
Must wait for approval before starting a new job unless you later transfer back to H-1B.
OTHER OPTIONS
Change of Status to O-1 Visa (Extraordinary Ability)
If you have notable achievements in your field, you might qualify for an O-1 visa.
Requirements:
Demonstrated extraordinary ability in sciences, education, business, or arts.
Employer must file Form I-129 for you with supporting documentation.
Pros:
No cap limit like H-1B.
Can be faster if you qualify and file premium processing.
Cons:
Very high bar for approval (requires awards, publications, etc.).
Not suitable for most recent grads or junior professionals.
Hope this is helpful!