When Does the 60 Day Grace Period Start?
The grace period begins on your last day of employment, not when you receive termination notice. If you are given two weeks notice, the 60 days start after those two weeks when you actually stop working.
The grace period also cannot extend beyond your I-94 expiration date. If your I-94 expires in 30 days, your grace period is 30 days, not 60. The period is the shorter of 60 days or remaining I-94 validity.
According to USCIS guidance, the grace period allows time to arrange departure or seek other immigration options. It is not an extension of work authorization.
What Triggers the Grace Period?
Any termination of the employment relationship triggers the grace period. This includes layoffs, resignations, termination for cause, company closure, or mutual separation. The reason for employment ending does not affect grace period availability.
Reduction to part-time below the H-1B required hours may also trigger issues, as H-1B requires full-time employment for most positions. Furloughs without pay create ambiguity and should be addressed with immigration counsel.
The employer's obligation to notify USCIS of early termination does not affect your grace period. Your 60 days begin regardless of whether the employer files required notifications.
What Can You Do During the Grace Period?
Your primary options during the grace period are finding a new H-1B sponsor, changing to a different visa status, or preparing to depart the United States.
Finding new H-1B sponsorship is often the preferred option. You can interview, accept offers, and have new employers file H-1B petitions on your behalf. Under H-1B portability provisions, you can begin working as soon as the new petition is filed.
Changing to B-1/B-2 visitor status buys additional time in the United States without work authorization. This option suits those who need more time to arrange affairs, job search without immediate work need, or transition to departure.
Can You Work During the Grace Period?
No. The grace period maintains your lawful status but does not authorize employment. Working without authorization during the grace period violates immigration law.
The only way to work during this period is through a new H-1B petition filing. Under INA 214(n) portability provisions, you can begin working for a new H-1B employer as soon as they file a non-frivolous petition on your behalf.
Self-employment, freelance work, or consulting without proper authorization remains prohibited during the grace period.
How Does H-1B Portability Help?
H-1B portability allows you to change employers and begin working immediately upon new petition filing. You do not need to wait for approval before starting work with the new employer.
Requirements for portability include: you must be in valid H-1B status at the time the new petition is filed, you must have been lawfully admitted to the United States, you must not have worked without authorization, and the new petition must be non-frivolous.
If you are within your 60-day grace period and a new employer files an H-1B petition before the grace period expires, you can begin working immediately. This makes the grace period valuable job search time.
What If the New Petition Is Denied?
If the new H-1B petition is denied after you began working under portability, your work authorization ends. You would need to stop working and either appeal, have another employer file, or depart.
This risk makes employer selection important. Choose employers likely to file strong petitions. Understand that portability provides immediate work authorization but not guaranteed long-term status.
Consider premium processing for new petitions when possible. Faster decisions reduce uncertainty about your status.
How Do You Change to B-1/B-2 Status?
Filing Form I-539 to change from H-1B to B-1/B-2 visitor status provides additional time in the United States without work authorization. This option suits those who need time to conclude affairs or continue job searching.
File I-539 before your grace period expires. The pending application generally provides protection from unlawful presence while awaiting decision, though you should not work during this time.
B-1/B-2 status is temporary and does not provide work authorization. It is a bridge to departure or other status, not a long-term solution.
What Are the Risks of Changing to B Status?
Changing to B status may affect future visa applications. Consular officers reviewing future H-1B visa stamp applications may question why you changed to visitor status.
Extended time in B status without clear purpose raises immigrant intent concerns. If you eventually need a visa stamp, be prepared to explain your activities and intent during the B status period.
B status changes do not guarantee approval. If denied, you may face unlawful presence issues. Plan carefully and consider consulting an attorney.
What Happens If You Exceed the Grace Period?
Remaining in the United States beyond the 60-day grace period without filing for a status change or new sponsorship results in unlawful presence. Unlawful presence triggers serious consequences.
Unlawful presence of more than 180 days followed by departure triggers a three-year bar on reentry. Unlawful presence of more than one year triggers a ten-year bar.
According to INA 212(a)(9)(B), these bars prevent future visa issuance and admission to the United States for the specified periods.
How Do You Avoid Unlawful Presence?
Depart before the grace period expires if you have no other options. Voluntary departure preserves your immigration record and avoids bars.
File for a status change before the grace period expires. A timely-filed I-539 or new H-1B petition generally stops unlawful presence from accruing while pending.
Track your timeline carefully. Know exactly when your 60 days end and take action well before that date.
What Should You Do Immediately After Job Loss?
Document your last day of employment. This date starts your 60-day clock. Keep termination letters, final paystubs, and communication about your end date.
Begin job searching immediately. Reach out to recruiters, network contacts, and potential employers. Explain that you need H-1B sponsorship and have limited time.
Consult an immigration attorney to understand your specific options. Your circumstances may present opportunities or risks that require professional guidance.
Should You Negotiate Your Termination Date?
If possible, negotiate a later termination date to extend your grace period start. Employers may agree to keep you on payroll briefly even without work duties.
Severance arrangements that maintain employment status rather than provide lump-sum payments may extend your employed period. Understand the difference between severance and continued employment.
Any extension of your actual employment end date extends when your 60-day grace period begins.
