H-1B visa: How to stay in US despite layoff? I asked ChatGPT and it said 'you have biggest advantage if...’ | Today News

Have you been laid off by a company in the US while still on an H-1B visa, and don't know what to do next? Here, we provide some suggestions, based on US law and AI tools such as ChatGPT and Gemini.

We asked ChatGPT and Gemini one question: "What should I do in 2026 if I have been laid off while on an H-1B visa in the US?" In answer, the tool provided a "clear, practical action plan to protect your status and options." Here's what they said.

The most important thing after a layoff is to utilise your 60-day grace period.

You have up to 60 days (or until your I-94 expiry, whichever is earlier) from your last working day, ChatGPT stated. One can use this time to: During this time, ChatGPT says that the person is still in lawful status but cannot work unless a new H-1B petition is filed.

Under the US laws, the United States Citizenship and Immigration Services (USCIS) states that when an H-1B worker’s employment is terminated (either voluntarily or involuntarily), "they typically may take one of several actions to remain in a period of authorised stay in the United States beyond 60 days."

ChatGPT pro-Tip: Start acting immediately.

Gemini pro-tip: Confirm your official "last day of employment" with HR. Severance pay usually does not extend this date unless you are kept on the official payroll as an active employee.

Caution: One is, however, cautioned not to overstay beyond this period.

In this case, a new employer can file an H-1B transfer, allowing an individual to transfer their H-1B status without leaving the US. You can start working as soon as USCIS receives the petition (no need to wait for approval), according to ChatGPT.

A person just needs to "secure a job offer from a US employer", the employer then files H-1B Change of Employer petition and then, the person "can start working as soon as USCIS receives the petition (receipt notice), not approval."

ChatGPT pro-Tip: Prioritise employers willing to file premium processing.

Gemini pro-tip: Request Premium Processing to get a decision within 15 business days.

Is getting a new job quite difficult? An individual can file a Change of Status within 60 days. Common options include: > O-1 – if you have extraordinary ability (senior professionals, researchers, media, tech leaders)

ChatGPT Pro Tip: Filing on time allows the applicant to stay while the application is pending. Additionally, the aspirant must file before the grace period ends, even if approval is received later.

Gemini pro-tip: If you find a job while the B-2 is pending, your new employer can file an H-1B petition. Note that in 2026, stricter scrutiny may require you to briefly leave the US and re-enter to "activate" the new H-1B if the B-2 hasn't been adjudicated yet.

"If your spouse has an approved I-140, you may eventually be eligible for an H-4 EAD, though this takes several months to process," Gemini's response adds.

> Even if laid off, the I-140 usually remains valid

ChatGPT's response strictly advised the affected individual to avoid these common mistakes: ChatGPT's smart checklist included four points: