Green Card Not Approved, H-1B Almost Over

A just-terminated Indian professional in the U.S. on an H-1B visa is a victim of job loss, one year away from the six-year expiration of the visa in March 2026. The employer had already applied for PERM, and the labor market test was conducted, but the PERM approval is pending.

Here begins a 60-day countdown—the grace period in which to stay in the country after being laid off. Throughout these two months, the individual either must acquire a new job and transfer the visa, change immigration status, or leave the U.S.

Switching employers is possible, but there is a catch. If the new employer’s green card is applied for from the ground up, they will have to redo the entire PERM process again—months in itself. Unless the previous employer’s I-140 is approved, the window is narrow.

In the case of extensions beyond six years, there has to be an approved I-140 or a pending PERM for over 365 days. Time is running out, and options are reducing by the day in this case.

The situation reflects a common predicament for the majority of Indian H-1B visa holders as they approach the final leg of their visa deadline. Layoffs at this juncture do not just disrupt careers—they raise legal uncertainty and force tough time-sensitive decisions.

Advance planning will become crucial in year five of H-1B. Relying solely on employer time tables can be a disaster, especially when PERM processing is delayed. Without the approval of I-140, the time to continue staying in the U.S. starts dwindling soon.