An employer that ends an Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary worker’s job generally must notify USCIS, which leads to withdrawal or revocation of the petition. For the worker, the H-1B status tied to that job ends. What happens next depends on timing, any grace period, and whether another employer or status is available.
What the employer must do
The H-1B regulations require an employer to notify USCIS promptly when employment ends. If the employer dismisses the worker before the end of the authorized period, it must offer to pay the reasonable cost of return transportation to the worker’s last place of foreign residence. Labor Department rules also generally require the employer to keep paying the required wage until there is a “bona fide termination,” which typically includes notifying USCIS and offering return transportation, under the wage regulations.
What happens to the worker’s status
Once employment ends, the worker is no longer maintaining H-1B status based on that job. The discretionary grace period of up to 60 days, or until the I-94The Arrival/Departure Record that U.S. Customs and Border Protection creates when a nonimmigrant is admitted. It shows the class of admission and an Admit Until date, and most are now electronic and available on the CBP I-94 website. USCIS can also issue one when it approves an extension of stay or a change of status.See it in the glossary ends if sooner, may allow time to find a new employer, change status or leave. That grace period is still in effect, although DHS proposed on September 11, 2026 to eliminate it. See our grace period guide.
Withdrawal of the petition does not erase time already counted against the H-1B cap. A worker who has been counted generally does not need to win the lottery again with a new employer.
Moving to a new employer
A new employer can file a new H-1B petition. Under H-1B portability, a worker who is still in a period of authorized stay when the new petition is filed may be able to start working on filing. The details are in our job-change guide.
What happens to dependents
H-4 spouses and children lose status along with the principal, subject to the same grace period. An H-4 spouse’s EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary also depends on the principal’s status. See bringing family on a work visa.
What happens to a green card case
Approved I-140
If the employer withdraws an I-140Immigrant Petition for Alien Worker, filed by an employer (or in some categories the worker) to classify a person under an employment-based category.See it in the glossary immigrant petition that has been approved for 180 days or more, or where an I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary has been pending for 180 days or more, the approval generally is not automatically revoked for purposes of retaining the Priority dateThe date a petition was filed, or a labor certification was submitted, used to determine an applicant's place in line for a visa category with limited annual numbers.See it in the glossary and supporting H-1B extensions, under 8 CFR 204.5(e). A new employer would still need its own Labor certification (PERM)The Department of Labor process in which an employer shows that no qualified U.S. worker is available for a position, required for most EB-2 and EB-3 petitions.See it in the glossary and I-140 in most cases, but the worker keeps the earlier priority date.
Pending I-485
If the worker’s adjustment application has been pending for 180 days or more, portability under section 204(j) of the INA may allow moving to a same or similar job. See working while a green card is pending.
Withdrawal before the job starts
Sometimes an employer withdraws a petition before the worker starts, for example a cap-subject petition for someone still on Optional Practical Training (OPT)Temporary work authorization that lets eligible F-1 students work in a job directly related to their field of study. It can be used before or after completing a program, for up to 12 months in total at each education level, and students with certain STEM degrees can apply for a 24-month extension. USCIS grants it on Form I-765 after the school's designated school official recommends it.See it in the glossary. If the worker was relying on cap-gap, that extension generally ends when the petition is withdrawn, and the student may enter the F-1 grace period. Details are in our student-to-worker guide.
The $100,000 proclamation and other fees
Changes of employer inside the United States are generally handled differently from new entries under the $100,000 H-1B proclamation, which centers on workers seeking entry from abroad. Check our report on the extension for current scope.
Practical steps
- Ask for the termination date in writing and confirm whether USCIS has been notified.
- Check your I-94 and calculate the latest possible grace period end date.
- Ask about return transportation and final pay.
- Line up a new employer’s filing, or a change to another status, within the grace period.
- Confirm what happens to your I-140 and priority date.
Back wages and benching
If an employer stops paying an H-1B worker but does not effect a bona fide termination, the worker may have a claim for unpaid wages under Labor Department rules. Workers can file complaints with the Department of Labor’s Wage and Hour Division. Keeping pay records and termination notices helps. For the employer’s obligations generally, see what employers must do before sponsoring.
Layoffs affecting many workers
When large layoffs occur, many workers look for new sponsors at the same time. Starting early, tracking dates carefully and keeping documents organized are especially important. See our layoff guide.
Timeline example
Suppose an H-1B worker’s last day of employment is March 31, and the I-94 runs until December of the following year. The discretionary grace period, if applied, would run up to 60 days, to around May 30. A new employer’s petition filed within that window may allow portability. If nothing is filed and no other status applies by the end of the period, the worker would generally need to leave. Dates in individual cases depend on the exact records, so calculate carefully.
Changing to another status
Some workers change to a different status during the grace period, such as H-4 if a spouse holds H-1B, F-1 to return to school, or B-2 to wrap up affairs. Each has its own requirements and must be filed before the grace period ends.
Common questions
Can my employer withdraw the petition without telling me?
Employers must notify USCIS, but they may not tell the worker directly. Ask HR for written confirmation of the end date and any withdrawal.
If I resign, does the same thing happen?
Yes. Leaving the job ends H-1B status based on that employment, and the employer is expected to notify USCIS. The grace period may apply.
Do I have to leave the U.S. the day my job ends?
Not necessarily, if the grace period or another status applies. Without either, you would need to leave promptly.
Can I still use my H-1B visa stamp for another employer?
A visa stamp does not transfer. A new employer needs its own approved petition, and you may need a new stamp for future travel.