General Nonimmigrant Visa

The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.

If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.

If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:

• File a complaint with the U.S. Department of Labor's Wage and Hour Division.
• You can file online or by phone (search for "LCA complaint US Department of Labor").
• This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
• Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
• Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.