The H-1B 60-day grace period gives qualifying workers and their dependents up to 60 consecutive days—or until the end of their authorized stay, whichever comes first—after employment ends to change employers, switch status, or depart the United States.
Understanding the Grace Period
This one-time protection per validity period does not authorize work. The clock starts on the actual termination date, not severance or final payroll. Review your I-94, I-797, and termination letter immediately, as the period may be shorter than 60 days.
H-1B Portability
A new employer can file an H-1B transfer petition. If eligible, you may begin work once the petition is properly filed and the requested start date arrives. A certified LCA must accompany the filing; a job offer alone is insufficient.
Other Options
- Change to B-2, F-1, H-4, or O-1 status during the grace period, though none automatically permit work.
- Explore a compelling-circumstances EAD if you hold an approved I-140 but lack an available visa.
- Consider green-card portability under INA 204(j) once your I-485 has been pending 180 days.
Key Reminders
Leaving the U.S. ends any remaining grace-period days. Employers must offer return transportation for dismissed employees. Save all immigration and employment documents to evaluate deadlines accurately.
Consult an experienced immigration attorney promptly to review your specific records and options.