USCIS grants H-1B workers a discretionary 60-day grace period following employment termination, or until the end of their authorized stay, whichever is shorter. This window provides critical time to pursue new employment through an H-1B transfer, change to another nonimmigrant status, or prepare for departure from the United States.
The grace period begins on the final day of employment. A new employer may file an H-1B portability petition, enabling the worker to start the new role upon filing, provided all eligibility requirements are met. However, recent adjudications reflect increased scrutiny of bridge strategies, particularly transitions to B-1/B-2 visitor status while job searching. USCIS officers are issuing more RFEs and denials when open-ended job searches appear inconsistent with visitor intent, and subsequent H-1B filings may raise questions about the original B-status application.
These trends align with broader policy emphasis on strict compliance with nonimmigrant intent. Workers should act promptly to avoid falling out of status, which can trigger removal proceedings or complicate future immigration benefits. Consulting experienced immigration counsel is strongly recommended during this period.