Losing your job on an H-1B does not mean you have to leave the United States the next day. Federal regulations build in a cushion — a grace period of up to 60 days — that gives H-1B workers a window to line up a new employer, switch to another status, or wind down their affairs before departing. With a fresh wave of tech-sector layoffs reaching H-1B professionals in 2026, understanding exactly how this grace period works has rarely mattered more. This guide explains the rule, when the clock starts, your realistic options, and the deadlines you cannot afford to miss. If you are new to the visa itself, our H-1B Visa Guide covers the basics.
The 60-Day Rule at a Glance
After your H-1B employment ends, you may keep lawful status for up to 60 consecutive days — or until your existing I-94 expires, whichever comes first. The grace period preserves your stay, not your right to work. Use the window to file something before it closes.
What Is the H-1B 60-Day Grace Period?
The grace period comes from a federal regulation, 8 CFR 214.1(l)(2). It provides that certain nonimmigrant workers — including those in H-1B, and also E, L-1, O-1, and TN status — may be considered to have maintained their status for up to 60 consecutive days, or until the end date on their existing Form I-94, whichever is shorter, following the cessation of their employment. In plain terms: if your I-94 still has more than 60 days of validity left, you get the full 60-day window. If your I-94 expires in, say, 30 days, your grace period ends when the I-94 expires — you do not get the longer 60 days.
Two features matter most. First, this is authorized stay, not authorized work — a distinction we return to below. Second, the grace period is available once per authorized validity period. It is a one-time cushion tied to the validity of your petition, not a benefit that resets every time you lose a job. If you already used a 60-day grace period during your current validity period, you generally will not get a second one within that same period.
When Does the 60-Day Clock Start?
The grace period begins on the last day of your employment — the actual cessation of the working relationship — not the day you received your layoff notice. This distinction trips up many workers. If you are notified on the 1st but remain employed and paid through the 30th, your 60 days generally run from the 30th, not the 1st.
Severance and "garden leave" arrangements add nuance. Employment generally ends when you actually stop being employed — but whether a severance period counts as continued employment depends on the facts, such as whether you remain on payroll and when the employer withdraws the H-1B petition. Because the exact last day drives every downstream deadline, confirm it in writing with your employer, and ideally with an immigration attorney, so you are counting from the right date.
One point cannot be overstated: you cannot work during the grace period. The grace period preserves your lawful presence so you can take next steps; it does not authorize employment. You may only earn income again once you have separate work authorization — for example, a new H-1B petition filed under portability (explained below), or an Employment Authorization Document tied to another status.
Your Options During the 60 Days
This is the heart of the matter. During the grace period you generally have four practical paths, and they are not mutually exclusive — many people pursue a new job while keeping a change-of-status application as a backup.
- (a) Have a new employer file an H-1B change-of-employer petition. This is the most common route. Under H-1B portability (part of the American Competitiveness in the Twenty-First Century Act, or AC21), you may begin working for the new employer as soon as USCIS receives a non-frivolous H-1B petition on your behalf — you do not have to wait for approval. Ask your new employer to file as early in the grace period as possible. Our H-1B Transfer Guide walks through portability step by step.
- (b) Change to another nonimmigrant status. If a job is not immediately available, you can apply to change status using Form I-539 (or, for employment categories, have a prospective employer file a change-of-status petition). Common options include H-4 (if your spouse holds a qualifying status), F-1 (to return to school — and, after graduation, potentially work under OPT & STEM OPT), O-1, or L-2. B-1/B-2 visitor status can be used to lawfully wind down affairs, but it is a weaker bridge — you cannot use B-2 primarily to job-hunt, and it does not lead cleanly back to work authorization. Our Change of Status (I-539) guide covers the mechanics.
- (c) Move forward on a pending green card. If you already have an approved Form I-140, you can keep your priority date and, in some cases, use AC21 portability to change employers. If you have a Form I-485 (adjustment of status) that has been pending for 180 days or more, you may be able to port to a new employer in the same or a similar occupation. These options depend heavily on where you are in the process — our H-1B to Green Card guide maps the sequence.
- (d) Depart the United States before day 60. If none of the above is workable, leaving the country before your grace period ends protects your record and avoids accruing unlawful presence. You can continue a job search from abroad and re-enter later on a new petition.
H-1B Grace Period Options
| Option | Form / Filing | Can you work? | Deadline |
|---|---|---|---|
| New employer H-1B transfer | Form I-129 (change of employer) | Yes — upon filing, under portability | File within 60 days |
| Change to another status (H-4, F-1, O-1, etc.) | Form I-539 (or employer-filed I-129) | Not until approved / EAD issued | File within 60 days |
| Adjust or port a pending green card | Form I-485 / approved I-140 | Only with a valid EAD or continued status | Depends on stage; act within 60 days |
| Depart the U.S. | No filing — leave the country | No | Before day 60 |
What Happens If You Do Nothing?
If you neither file something nor depart, the consequences are serious. Once the grace period ends — after 60 days, or when your I-94 expires, whichever comes first — you begin accruing unlawful presence. Accruing more than 180 days of unlawful presence and then leaving the country triggers a 3-year bar on re-entry; more than one year triggers a 10-year bar. These bars are among the harshest penalties in immigration law, and they are largely avoidable simply by acting within the window. Treat day 60 as a hard stop, not a soft target.
Common Mistakes to Avoid
- Waiting too long to file. Portability and change-of-status filings take time to prepare. Starting on day 55 leaves almost no margin for gathering documents or fixing errors.
- Assuming you can work during the grace period. You cannot — unless a new petition has been filed under portability, or you already hold separate work authorization.
- Miscounting the clock. The 60 days run from your last day of employment, not the notice date — but never assume; confirm your exact final day in writing.
- Forgetting the grace period is once per validity period. It is not a fresh 60 days every time you lose a job within the same petition validity.
Key Takeaway
Act fast. The single most important move after an H-1B layoff is to file something — a new employer's portability petition, a change-of-status application, or a departure plan — well before day 60. The grace period is a bridge, not a destination, and it does not authorize work. When in doubt, consult a licensed immigration attorney and verify current rules at uscis.gov before your deadline.
FAQs
How long is the H-1B grace period?
Up to 60 consecutive days, or until the end date on your existing Form I-94, whichever is shorter. If your I-94 expires in fewer than 60 days, your grace period ends on that earlier I-94 date.
Can I work during the grace period?
No. The grace period preserves your lawful stay but does not authorize employment. You may work again only once a new H-1B petition is filed on your behalf under portability, or you obtain separate work authorization tied to another status.
What happens after 60 days?
Once the grace period ends, you begin accruing unlawful presence, which can trigger the 3-year or 10-year bar on re-entry. File a new petition, change your status, or depart the United States before the deadline.