Most H1B holders accept the first severance offer. They leave 2–8 weeks of salary on the table. Here's exactly what to ask for — and how visa status affects leverage.
H1B Layoff Severance Package Negotiation Guide
Most H1B holders accept the first severance offer. They leave 2–8 weeks of salary on the table. Here's exactly what to ask for — and how visa status affects leverage.
The 60-Day Clock
When your H1B employment ends, USCIS's 60-day grace period starts immediately. This is not calendar days from when you find out — it starts from your last day of employment.
Financial Priorities in Order
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Priority 1: Protect Your Health Insurance
A medical emergency without insurance can cost $50,000–$500,000. This is your single most important financial protection. Act within 48 hours of layoff.
Priority 2: Assess Your Cash Runway
Calculate exactly how many months you can survive without income. Include:
- All savings and checking accounts
- Money market accounts
- Any taxable brokerage (can sell if needed)
- Do NOT count 401k or IRA (10% penalty + tax = 35-45% loss)
Priority 3: Cut Non-Essential Spending
Target a 30-40% reduction in monthly spending immediately:
- Pause all investment contributions (except 401k at new employer for match)
- Reduce remittances to India temporarily
- Cancel non-essential subscriptions
- Reduce dining out, entertainment
Priority 4: Explore All Income Options
On H1B you cannot freelance, consult, or start a business without authorization. However:
- Passive income (dividends, interest, rental) is allowed
- Spouse's income if H4 EAD is active
- Severance payments continue from former employer
Action Timeline
| Day | Action |
|---|---|
| Day 1 | Elect COBRA or start ACA application |
| Day 1-3 | Get severance agreement in writing |
| Day 3-7 | Begin job search — update LinkedIn, resume |
| Day 7-14 | Contact immigration attorney |
| Day 14-30 | Evaluate H1B transfer options vs status change |
| Day 30-45 | Decision point: new sponsor found or pivot plan |
| Day 45-60 | File status change if no new sponsor |
Related Guides
Review our complete H1B Layoff 60-Day Financial Checklist for the full action plan.
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