r/h1b_layoffs

RFE on H-1B change of employer (premium processing) — pending I-539 “bridge” issue. How did you respond, and what was the outcome?

Looking for experiences from anyone who has been through this exact RFE scenario.
Timeline:
• Laid off from previous H-1B employer earlier this year, used the 60-day grace period.
• Filed an I-539 (change of status) within the grace period. It’s still pending.
• New employer filed an H-1B change of employer + extension of stay petition (premium processing) about 2.5 months later, while the I-539 was pending.
• Just received an RFE. It’s not about specialty occupation or the job itself — it’s purely about status. USCIS says my status expired at the end of the grace period and wants one of: (1) proof of a final decision on the I-539, (2) proof I responded to any notice on it, or (3) evidence I was otherwise in valid status when the I-129 was filed.
• The RFE itself says that if the deadline arrives and the I-539 is still undecided, we should respond and state that.
Given I-539 processing times, there’s basically no chance it gets decided before the RFE deadline. So my questions for anyone who’s been here:
1. Did you respond stating the I-539 was still pending? What happened — petition approved for consular notification, COS approved anyway, or something else?
2. Did anyone successfully expedite the I-539 or get it adjudicated faster because of the pending I-129?
3. If you ended up with consular processing, how long did the whole thing take (leaving, visa appointment, re-entry, start date)?
4. Anyone have USCIS excuse the gap under the “extraordinary circumstances” discretion (8 CFR 214.1(c)(4)) for a layoff situation?
Attorney is handling the response — just want to calibrate expectations on outcomes and timelines from people who’ve lived it. Thanks!

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u/Fantastic-Move-8631 — 9 hours ago

H1B —>H4 CoS pending —> H1b ?

I was on H-1B, laid off in November 2025. Filed an I-539 COS to H4 in December 2025 (within the 60-day grace period) — still pending. Now have a new job offer, and the company is willing to sponsor H-1B, but their counsel won't file until the I-539 is adjudicated.

Anyone been through this? I've seen mentions of people filing H-1B while an I-539 is still pending, or withdrawing the I-539 to move forward — anyone actually done this and can share how it went?

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u/No-Reporter646 — 2 days ago
▲ 4 r/h1b_layoffs+1 crossposts

H-1B → F-1 Change of Status Approved — Sharing My Experience

Hi everyone, I wanted to share an update on my H-1B to F-1 Change of Status (I-539) journey in case it helps someone going through a similar situation.

I filed my H-1B → F-1 Change of Status on March 31, 2026, while I was within my H-1B grace period. My case later received an RFE, primarily concerning residence abroad, commuting distance, and my program start date/I-20 validity. I submitted a detailed response with supporting documentation.

After several months of waiting, my F-1 Change of Status was finally approved! 🎉

A few things that may be helpful for others:

  • I filed the I-539 while still within my H-1B grace period.
  • My original I-20 start date was deferred, and I obtained an updated I-20 for the Fall 2026 term.
  • I responded to the RFE with detailed documentation addressing each issue raised by USCIS.
  • I did not leave the U.S. while the Change of Status was pending.
  • The case was ultimately approved despite the I-94 expiration occurring while the application was still pending.
  • Ignore the hateful comments on Reddit; they are mostly bots. I suspect that they are ironically from India.

I know there are many people currently waiting on H-1B → F-1 COS cases, dealing with RFEs, deferred I-20s, or uncertainty about maintaining status. I wanted to share my experience because I found other people's timelines and experiences extremely helpful during the process.

If anyone has questions about my timeline, RFE response, I-20/deferment, or the overall process, feel free to ask. I'll share what I can based on my personal experience (not legal advice).

Wishing everyone still waiting for a positive outcome! 🙏

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u/SarcasTea — 3 days ago

H1B Pending - Laid off before October 1st

H-1B petition (filed June 10) withdrawn Aug 10 after layoff, but withdrawal confirmation hasn't come through yet can USCIS still approve the petition before the withdrawal is processed? On F-1 CPT, worried about falling out of status if timing overlaps. Anyone dealt with this?

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u/temp6116 — 3 days ago

Laid off on visa

I was recently impacted in a company wide lay off last week. I want to know the situation of laid off people on work visa (H1B) for Software Engineering roles.
Is anyone getting rejected due to visa sponsorship issue?
Has anyone (people on visa) been able to land a job in this role? If yes, how many months did it take to land the job?

Appreciate the help and input.

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u/Worried_Cup_8574 — 3 days ago

ICE reported

Anyone got similar message ? Real or Fake messsge? Looks like some Hater!!

"An official complaint has been filed regarding allegations that you are working outside the employment permitted under your current visa status. The matter has been reported for further review"

u/Bharathrame — 3 days ago

I believe a one-year OPT has lost its meaning entirely

Recently, I received an interview for a role at a global enterprise in Los Angeles. The job description matched my past experience closely, and it was a company I’d known about for a long time and always wanted to join. I was thrilled and truly hoped to land the position, but I ended up failing the very first interview round.

Since I had explicitly answered that I am on a one-year OPT, I wondered if my visa status was the reason. After asking an insider, I was told that this company indeed does not offer sponsorship.

To be honest, I’m not even asking for future sponsorship or immigration; I just genuinely want the work experience. But from a company’s perspective, they likely think: what’s the point of hiring someone who only has a single year of work authorization?

I used to think that even if visa policies tightened, as long as I didn't require sponsorship, I could at least make use of that one-year work permit. Now I realize what is the value of a one-year OPT if companies won't hire you in the first place?

If I had been rejected because my experience or skills weren’t a good fit, I might still have chance to make my case. But being turned down over a visa status leaves me with nowhere to stand.

I used to feel that Trump's harmful policies were far removed from ordinary people, but in reality, they have already impacted everyone. At this moment, I truly feel like a victim of those policies.

Given that most U.S. university programs offer only a one-year OPT, studying abroad in the United States really feels like it has lost its purpose.

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u/Head-Wolf-8070 — 4 days ago

H1B petiton approved but resigned before October and moved back to India

My H1b petition was approved in June 2025 under "Change of Status". I resigned from my job in July 2025 and moved back to India. Hence, i never stayed till October and my status never changed. I now want to go back to the US with the same employer. Can the employer file for another petition in cap-exempt category? Or i will have to go through the lottery again?

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u/ssk_1996 — 5 days ago

Help! Pending B2

Hi! B2 is still pending and 180 day mark ends in September? Should I apply for extension? Would appreciate answers (especially those who applied for extension). Thanks!

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u/New_Butterscotch2335 — 4 days ago

H-1B grace period 20 days left. What are my options?

Hey everyone, I could really use some advice. My employment ended and I currently have about 20 days left in my H1B grace period.
I actually found another contract job and was supposed to start with a new employer who would file my H1B transfer. Unfortunately, right before I was supposed to join, the project went on hold and the H1B was never filed.

I spoke with an immigration attorney today about H1B to B2, but they were hesitant because of recent RFEs/denials and recommended that I leave the US and potentially pursue a PhD/F1 route from outside.
Before making that decision, I want to understand what other options I have. Has anyone recently gone through H1B to B2 and then back to H1B or F1 successfully? Did you face an RFE or denial? Any recent experiences or other options I should discuss with a second attorney would really help. Thank you all!

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u/ParticularDoctor2529 — 7 days ago

Filing strategy with ver less time to file H1B in grace period

Hi, looking for some guidance from anyone who has been in a similar situation recently.

I was laid off in June, and my H-1B 60-day grace period ends on August 22. I received a new job offer today, which leaves me with only about a week to get the LCA certified and have the H-1B transfer petition filed before my grace period expires.

Has anyone dealt with such a tight timeline recently? Were you able to get the LCA and H-1B filing done in time, or did you use any alternative/fallback option? Would really appreciate hearing what worked for you.

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u/No_Salt9507 — 5 days ago

H1B premium California Center

Does anyone get an approval after this PP email? How long it will take to get response?

“We recognize your interest in the final adjudication of your pending petition and are aware of the difficulties caused by any delay in processing. We will be making every effort to adjudicate your case in the most efficient manner based on our available resources. We appreciate your patience and understanding.
Fee Refund Fully Issued to Payee on July 30th, 2026.
We appreciate your continued patience and hope this information is helpful to you.”
Sincerely,
Premium Processing Unit

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u/Just_Personality6545 — 6 days ago

Why Take Such a Huge Risk on H-1B?

Why are so many Indians still making major life decisions around H-1B jobs when there is so much uncertainty?

People in their mid-30s are leaving stable jobs, spouses are quitting their careers, families are carrying toddlers and moving across the country for a job that ultimately depends on one employer.

At the same time, there are already H-1B holders who have been laid off, cannot find another employer willing to transfer their visa, and are eventually forced to return to India after years in the U.S.

What I don't understand is the disparity. How are people comfortable taking such a huge risk when they can see what is happening to others already on H-1B?

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u/Otherwise-Support138 — 10 days ago

Re-entering US on H1B after resigning from previous employer - status unclear, need guidance (moved to India Oct 2025)

Hey all, hoping to get some clarity on my situation since I'm honestly not 100% sure where I stand.

Timeline:

* Moved to India in October 2025
* Resigned from my US employer (the one who sponsored my H1B) around that time
* Planning to travel back to the US in September 2026
* I'm *not certain* whether my H1B is still valid, whether it was withdrawn/revoked by my old employer, whether I need a new employer to file a transfer, or whether I fall under some kind of grace period / portability rule

What I'm trying to figure out:

  1. Does resigning automatically kill H1B status, or does it depend on whether the employer formally withdraws the petition with USCIS?
  2. If my old employer never withdrew it, does that mean the petition is still "active" on paper - and does that matter for re-entry?
  3. **Do I need to contact my previous employer at all - e.g., to confirm whether they withdrew the petition - or is there a way to check status independently (USCIS case status, FOIA request, attorney inquiry) without reaching out to them directly? I'd prefer not to contact them if I can avoid it.**
  4. If I need a new employer to sponsor/transfer, does that need to be approved *before* I try to re-enter, or can I enter and start work once it's filed (cap-gap/portability rules)?
  5. Given I've been outside the US since Oct 2025, is there a risk CBP flags this as abandonment of status even if the paperwork is technically fine?
  6. Which US airports have the most experienced/consistent secondary inspection for H1B/status questions like this - is there a meaningful difference, or is it luck of the draw regardless of port of entry?
  7. Anyone been in a similar spot (resigned, left the US, re-entering months later on H1B) - what documents did you carry, and did CBP ask for anything beyond the usual (I-797, pay stubs, offer letter)?

Would really appreciate insight from people who've navigated this, and yes - I know the standard answer is "talk to an immigration attorney," and I'm doing that too, but wanted the community's real-world experience as well.

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u/Sharp_File_5084 — 8 days ago

H1 COE during grace period

Hey Everyone,

I am currently on Day 40 of my 60 day grace period. I was furloughed by my previous company. I have an offer. I will soon start working with lawyers and get my H1b transfer submitted before the 60th day.

My questions:

  1. Is this timeline feasible?

  2. Should I also apply for H4 if incase transfer is denied?

  3. The company has given start date after 60th day, is it okay ?

Thank you

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u/Slabinator969 — 9 days ago