What Meta H1B Employees Should Do After the Layoffs

The moment your employment with Meta officially ends — not when you get the notification, but your last day on payroll — you enter a 60-day grace period under 8 CFR 214.1(l)(2). During these 60 days, you can legally remain in the U.S. and take one of three actions:

1. Transfer your H1B to a new employer 2. Change your visa status (e.g., to B1/B2 tourist, F1 student, or O1) 3. Depart the U.S.

Here's what catches people off guard: the 60-day clock is a maximum, not a guarantee. If your I-94 expires before those 60 days are up, the I-94 date controls. Check your I-94 at [i94.cbp.dhs.gov](https://i94.cbp.dhs.gov) today.

Also critical: Meta's severance package may keep you on payroll for several weeks after your notification date. Clarify with HR whether you remain a W-2 employee during severance or if your employment terminates immediately with a lump-sum payment. This distinction determines when your 60-day window actually opens.

1. Confirm your exact last day of employment. Email your HR representative and your immigration attorney (if Meta provided one through Fragomen or another firm) and get this in writing. Do not assume.

2. Download every immigration document you have. Log into Meta's immigration portal and save copies of your: - Approved I-129 petition and I-797 approval notice - LCA (Labor Condition Application) - Any pending I-140 documentation - Pay stubs from the last 6 months

Meta's access to internal systems will be cut quickly. Do this on day one.

3. Check your I-140 status. If Meta filed an I-140 (immigrant petition) for you and it has been approved for 180+ days, it remains valid even after termination — Meta cannot revoke it. This is a crucial asset for your green card path. If your I-140 was approved for less than 180 days, Meta can and likely will withdraw it.

4. Consult an immigration attorney — your own, not Meta's. Fragomen or whoever Meta used represents the company, not you. Get an independent attorney on retainer this week. A consultation runs $200–500 and is the best money you'll spend.

5. Start your job search immediately. Not next week. Today. The H1B transfer process requires a new employer to file a petition on your behalf, and processing takes time.

H1B Transfer (Most Common Path) A new employer files a new H1B petition on your behalf. You can start working as soon as the petition is filed (you don't need to wait for approval if you already have valid H1B status). Premium processing ($2,805) gets a decision in 15 business days. For someone coming from Meta with a strong engineering or product background, this is the most straightforward path — the tech industry is still hiring H1B holders actively, particularly in AI/ML, infrastructure, and security roles.

H1B to O1 Visa If you're a senior engineer, researcher, or have publications, patents, or significant open-source contributions, you may qualify for an O1 visa for individuals with extraordinary ability. Many former Meta employees — especially those in AI research, Reality Labs, or infrastructure — have the profile for this. The O1 isn't tied to a specific employer lottery and can be processed in 15 days with premium processing. The bar is high but more achievable than most people think, especially at the senior/staff level.

Change of Status to F1 If you've been considering an MBA or master's program, a change of status to F1 preserves your legal presence while you regroup. You need an I-20 from a SEVP-certified school. This works as a bridge strategy, especially if you're also interested in eventual OPT/STEM OPT employment.

Change of Status to B1/B2 (Visitor) This is a backup option, not a strategy. Filing for B1/B2 status puts you in legal status while the petition is pending, but you cannot work on B2 status. Use this only if you need more time to arrange your next step and have savings to cover living expenses.

H4 / Dependent Status If your spouse holds a valid H1B, L1, or another work visa, you can change to dependent status. If your spouse holds an H1B and has an approved I-140, you may be eligible for an H4 EAD (work authorization). This is a strong fallback.

Lock in your H1B transfer employer. The single most important outcome of this month is having a new employer willing to sponsor your H1B and file the petition — ideally with premium processing. Target companies with established immigration programs: Google, Amazon, Apple, Microsoft, Netflix, Stripe, and well-funded startups all regularly sponsor transfers.

File your petition before day 50. While you technically have 60 days, immigration attorneys recommend filing at least 10 days before the deadline to account for any issues. If you're using premium processing, this gives USCIS time to issue an RFE (Request for Evidence) if needed and you still stay within your window.

Negotiate immigration support in your offer. When interviewing, ask directly: "Do you sponsor H1B transfers, and will you cover premium processing?" Most major tech companies will. For startups, this is a real differentiator — some will, some won't. Don't waste interview cycles on companies that don't sponsor.

Start your backup filing by day 30. If you don't have a new job lined up by day 30, seriously consider filing a change of status to B2 or F1 as a safety net. You can always withdraw it if you land a role. Filing COS keeps you in valid status while the petition is pending, even if it's adjudicated after day 60.

Waiting for the "perfect" job before starting your transfer. You do not have that luxury with a 60-day window. Accept a role that sponsors your H1B and keeps your status valid. You can always job-hop later — H1B portability exists for a reason.

Assuming severance = employment. Some severance agreements explicitly state that employment has ended. If Meta's severance is structured as a lump-sum payment on termination (rather than continued payroll), your 60-day clock starts on your last working day, not when the severance runs out.

Leaving the U.S. without a valid visa stamp. If you depart the U.S. during your grace period, you may not be able to re-enter. Your H1B petition is no longer backed by an employer. If you need to travel, consult your attorney first.

Not filing anything by day 55. If day 55 arrives and you have no new H1B petition filed and no COS application submitted, you are about to fall out of status. At that point, filing anything — even a B2 COS — is better than nothing. Out-of-status accrual can trigger 3-year and 10-year reentry bars.

Relying on Meta's immigration firm after termination. Fragomen's engagement ends when your employment does. They may answer a question or two as a courtesy, but they do not represent you post-termination.

Green Card / PERM Cases: If Meta had filed a PERM labor certification for you that is still pending, it will almost certainly be withdrawn. If it was already certified but the I-140 wasn't filed, the certification is employer-specific and cannot transfer. If your I-140 was filed and approved for 180+ days, you retain the priority date — this is portable to a new employer's green card sponsorship.

RSU and Stock Vesting: Layoffs at Meta typically accelerate some vesting or provide RSU-equivalent payouts. This is separate from your immigration timeline, but the cash from accelerated vesting can fund premium processing fees, attorney retainers, and living expenses during your transition. Check your separation agreement carefully.

Internal Transfers and Redeployment: In previous layoff rounds, some Meta employees were able to move to different teams internally. If Meta's HR offers a redeployment window before your termination date, pursue it aggressively — staying at Meta eliminates the immigration complexity entirely. But do not count on it as your primary plan.

Here's your priority checklist, in order:

• [ ] Confirm last day of employment in writing
• [ ] Download all immigration documents from Meta's portal
• [ ] Check I-94 expiration date
• [ ] Verify I-140 approval status and 180-day threshold
• [ ] Retain your own immigration attorney
• [ ] Update resume and begin targeted job search
• [ ] By day 14: Have active applications at 10+ H1B-sponsoring companies
• [ ] By day 30: Evaluate need for backup COS filing
• [ ] By day 45: New H1B petition filed, or COS application submitted
• [ ] By day 55: If nothing filed, execute emergency B2 COS filing

Do not let the grace period expire without action. The system is unforgiving on timing, but the options available to you are real and workable — especially with a Meta-caliber resume.