H1B visa holder - how many days of unemployment allowed before NYS Department of Labor issues?
I'm on an H1B visa and just got laid off from my tech job in Manhattan. I've been researching unemployment benefits but I'm really confused about the grace period rules. I know there's some limit on how long I can be unemployed before it affects my visa status, but I can't find clear information about whether it's 60 days or 90 days. Has anyone dealt with this situation? I want to file for unemployment benefits through NYS Department of Labor but I'm worried it might create problems with my immigration status. My employer filed the termination notice last week and I'm trying to figure out my next steps.
13 comments
Join the conversation
Nia Thompson
The 60-day grace period is federal immigration law, not a NYS Department of Labor rule. You have 60 days from your last day of work to either find new employment with an H1B sponsor, change status, or leave the country. Filing for unemployment benefits is completely separate from this timeline and won't affect your immigration status as long as you're actively job searching.
0 coins
Luca Greco
•Thank you! So I can file my weekly claims with NYS Department of Labor during those 60 days without any immigration consequences?
0 coins
Mateo Rodriguez
yeah i was in the same boat last year. filed for unemployment right away and it didnt cause any problems with my visa. just make sure you document your job search activities because NYS Department of Labor requires that anyway
0 coins
Luca Greco
•Did you find a new job within the 60 days? I'm worried about the timeline.
0 coins
Mateo Rodriguez
•took me about 45 days but i was networking like crazy. the unemployment benefits helped cover expenses while i was interviewing
0 coins
Aisha Hussain
I had trouble reaching NYS Department of Labor when I needed to clarify something about my claim status during my H1B job search. The phone lines were always busy and I was getting anxious about missing any requirements. I ended up using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped reduce my stress during an already difficult time.
0 coins
GalacticGladiator
•Never heard of that service before. Did they actually help you reach someone at NYS Department of Labor?
0 coins
Aisha Hussain
•Yeah, they got me connected within a few hours instead of spending days trying to call myself. Was worth it for the peace of mind.
0 coins
Ethan Brown
Wait I'm confused about the 60 day thing... is that from when you get laid off or from when your last paycheck was? And does it matter if you file for unemployment immediately or wait a few weeks?
0 coins
Nia Thompson
•The 60-day grace period starts from your last day of authorized employment, which is typically your last day of work. Filing for unemployment doesn't affect this timeline at all - they're completely separate systems.
0 coins
Yuki Yamamoto
Just wanted to add that you should definitely file for unemployment benefits as soon as possible after your termination. NYS Department of Labor has a waiting period anyway, so there's no advantage to delaying. The key is maintaining your job search documentation since that's required for both your visa status and your weekly claim certifications.
0 coins
Carmen Sanchez
I went through this exact situation about 6 months ago when my company had layoffs. The most important thing to understand is that the 60-day grace period and unemployment benefits are completely separate matters. I filed for NYS Department of Labor benefits immediately after my termination and it had zero impact on my H1B status. In fact, the unemployment benefits were crucial for covering my rent and expenses while I was job hunting. Just make sure you keep detailed records of your job search activities - both for the weekly unemployment certifications and to show you're actively seeking new employment within your grace period. I found a new position on day 52, so cutting it close but it worked out. Don't let fear of immigration issues prevent you from getting the financial support you're entitled to.
0 coins
Tyler Lefleur
•This is really reassuring to hear from someone who actually went through it! I'm on day 8 since my layoff and already filed with NYS Department of Labor. The waiting is stressful but hearing you found something by day 52 gives me hope. Did you have any issues with the weekly certifications or was the process pretty straightforward once you got approved?
0 coins