Unemployment on Work Visa: The 60-Day Rule and What It Really Means
You lost your job on H-1B or other work visa. You've heard about "60 days" - here's exactly what that means and your options.
Quick Answer
When H-1B employment ends (termination, resignation, layoff), you get 60-day grace period or until I-94 expiration, whichever is shorter. During grace period, you cannot work but can stay in U.S. to arrange next steps: H-1B transfer to new employer, change of status to different visa, or departure. F-1 OPT has different unemployment limits (90 days cumulative, 150 for STEM). Exceeding limits triggers status violation.
Key Takeaways
H-1B: 60-day grace period after employment ends
F-1 OPT: 90-day cumulative unemployment maximum (150 for STEM OPT)
Cannot work during grace period, only arrange next steps
Grace period is maximum, not guaranteed - use it wisely
H-1B transfer must be filed before grace period expires
Overstaying grace period without action = unlawful presence
Key Takeaways
H-1B: 60-day grace period after employment ends
F-1 OPT: 90-day cumulative unemployment maximum (150 for STEM OPT)
Cannot work during grace period, only arrange next steps
Grace period is maximum, not guaranteed - use it wisely
H-1B transfer must be filed before grace period expires
Overstaying grace period without action = unlawful presence
Table of Content
H-1B 60-Day Grace Period
When H-1B employment ends for any reason (you quit, laid off, fired, contract ends), you enter 60-day grace period or until I-94 expiration, whichever comes first. This is not "work authorization" - you cannot work for anyone during these 60 days.
What you CAN do during 60 days:
Job search for new H-1B sponsor
Interview with potential employers
File H-1B transfer with new employer
Change status to different visa (F-1, B-2, etc.)
Make arrangements to depart U.S.
Wrap up personal affairs
What you CANNOT do:
Work in any capacity (even volunteer if it's normally paid work)
Freelance or consult
Start any employment before new H-1B approved
Extend the 60 days (it's hard limit)
Grace period starts when employment officially ends. If you give 2 weeks notice, grace period starts after final day of work, not when you gave notice.
F-1 OPT Unemployment Limits
F-1 OPT rules differ from H-1B. You can be unemployed maximum 90 cumulative days during 12-month OPT period (150 days for 24-month STEM OPT extension). Days don't need to be consecutive.
Unemployment tracking:
Week 1-2 job searching after graduation: 14 days counted
Find job, work 3 months
Laid off, 30 days until next job: 30 days counted
Total unemployment: 44 days (46 days remaining before hitting 90-day limit)
SEVP (Student and Exchange Visitor Program) tracks OPT unemployment through SEVIS system. Exceeding 90/150 days triggers status violation, even if OPT hasn't expired.
What Counts as Employment
For OPT purposes, employment means any work (paid or unpaid) for minimum 20 hours weekly that's related to your degree field. Anything less than 20 hours weekly is considered unemployment.
Employment examples:
Full-time job (40 hours): employed
Part-time job (25 hours): employed
Two part-time jobs totaling 20+ hours: employed
Part-time job (15 hours only): unemployed
Unpaid internship (30 hours): employed
Freelancing sporadically: probably unemployed
Actions During Grace/Unemployment
Priority 1: Secure new employment. Job search aggressively, network with recruiters and connections, apply to 5-10 positions daily, and be upfront about H-1B transfer or OPT status needs.
Priority 2: File transfer/extension quickly. Don't wait until day 59 or day 89. File as soon as new employer commits. Processing delays happen - filing earlier protects you.
Priority 3: Document everything. Save termination letter showing end date, track grace period days carefully, keep copies of all visa documents, and document job search efforts (applications, interviews, rejections).
H-1B Transfer During Grace Period
New employer can file H-1B transfer petition during 60-day grace period. Once petition is filed before grace period expires, you're considered in "lawful pending status" and can remain in U.S. while petition processes (but still cannot work until approved).
Scenario | Can Stay in U.S.? | Can Work? | What Happens |
|---|---|---|---|
Day 30, transfer filed | Yes | No (until approved) | Lawful pending status |
Day 59, transfer filed | Yes | No (until approved) | Lawful pending status |
Day 61, no filing | No | No | Must leave immediately |
Transfer approved | Yes | Yes | Start work immediately |
Transfer denied | No | No | Must leave or appeal |
Change of Status Options
If you can't find H-1B sponsor, consider changing to different visa: B-2 tourist visa (6 months, cannot work, buying time only), F-1 student visa (requires school enrollment and acceptance), O-1 extraordinary ability (for qualified individuals), or dependent visa (H-4, L-2, etc.) if spouse has work visa.
File change of status (I-539) before grace period expires. Once filed, you can stay while pending but cannot work on most statuses.
Consequences of Overstaying
If you don't file H-1B transfer, change status, or depart before grace period expires, you begin accruing unlawful presence. Unlawful presence triggers 3-year bar (if 180+ days), 10-year bar (if 365+ days), or permanent bar with repeated violations. This affects future visa applications and re-entry to U.S.
F-1 to H-1B During OPT Unemployment
If you're on F-1 OPT approaching 90-day unemployment limit and haven't found job, you can't extend OPT or add unemployment days. Options are find employment before limit (even part-time 20+ hours), change to different status (B-2, new F-1), or depart U.S.
Many international students face this during economic downturns or difficult job markets.
H-1B 60-Day Grace Period
When H-1B employment ends for any reason (you quit, laid off, fired, contract ends), you enter 60-day grace period or until I-94 expiration, whichever comes first. This is not "work authorization" - you cannot work for anyone during these 60 days.
What you CAN do during 60 days:
Job search for new H-1B sponsor
Interview with potential employers
File H-1B transfer with new employer
Change status to different visa (F-1, B-2, etc.)
Make arrangements to depart U.S.
Wrap up personal affairs
What you CANNOT do:
Work in any capacity (even volunteer if it's normally paid work)
Freelance or consult
Start any employment before new H-1B approved
Extend the 60 days (it's hard limit)
Grace period starts when employment officially ends. If you give 2 weeks notice, grace period starts after final day of work, not when you gave notice.
F-1 OPT Unemployment Limits
F-1 OPT rules differ from H-1B. You can be unemployed maximum 90 cumulative days during 12-month OPT period (150 days for 24-month STEM OPT extension). Days don't need to be consecutive.
Unemployment tracking:
Week 1-2 job searching after graduation: 14 days counted
Find job, work 3 months
Laid off, 30 days until next job: 30 days counted
Total unemployment: 44 days (46 days remaining before hitting 90-day limit)
SEVP (Student and Exchange Visitor Program) tracks OPT unemployment through SEVIS system. Exceeding 90/150 days triggers status violation, even if OPT hasn't expired.
What Counts as Employment
For OPT purposes, employment means any work (paid or unpaid) for minimum 20 hours weekly that's related to your degree field. Anything less than 20 hours weekly is considered unemployment.
Employment examples:
Full-time job (40 hours): employed
Part-time job (25 hours): employed
Two part-time jobs totaling 20+ hours: employed
Part-time job (15 hours only): unemployed
Unpaid internship (30 hours): employed
Freelancing sporadically: probably unemployed
Actions During Grace/Unemployment
Priority 1: Secure new employment. Job search aggressively, network with recruiters and connections, apply to 5-10 positions daily, and be upfront about H-1B transfer or OPT status needs.
Priority 2: File transfer/extension quickly. Don't wait until day 59 or day 89. File as soon as new employer commits. Processing delays happen - filing earlier protects you.
Priority 3: Document everything. Save termination letter showing end date, track grace period days carefully, keep copies of all visa documents, and document job search efforts (applications, interviews, rejections).
H-1B Transfer During Grace Period
New employer can file H-1B transfer petition during 60-day grace period. Once petition is filed before grace period expires, you're considered in "lawful pending status" and can remain in U.S. while petition processes (but still cannot work until approved).
Scenario | Can Stay in U.S.? | Can Work? | What Happens |
|---|---|---|---|
Day 30, transfer filed | Yes | No (until approved) | Lawful pending status |
Day 59, transfer filed | Yes | No (until approved) | Lawful pending status |
Day 61, no filing | No | No | Must leave immediately |
Transfer approved | Yes | Yes | Start work immediately |
Transfer denied | No | No | Must leave or appeal |
Change of Status Options
If you can't find H-1B sponsor, consider changing to different visa: B-2 tourist visa (6 months, cannot work, buying time only), F-1 student visa (requires school enrollment and acceptance), O-1 extraordinary ability (for qualified individuals), or dependent visa (H-4, L-2, etc.) if spouse has work visa.
File change of status (I-539) before grace period expires. Once filed, you can stay while pending but cannot work on most statuses.
Consequences of Overstaying
If you don't file H-1B transfer, change status, or depart before grace period expires, you begin accruing unlawful presence. Unlawful presence triggers 3-year bar (if 180+ days), 10-year bar (if 365+ days), or permanent bar with repeated violations. This affects future visa applications and re-entry to U.S.
F-1 to H-1B During OPT Unemployment
If you're on F-1 OPT approaching 90-day unemployment limit and haven't found job, you can't extend OPT or add unemployment days. Options are find employment before limit (even part-time 20+ hours), change to different status (B-2, new F-1), or depart U.S.
Many international students face this during economic downturns or difficult job markets.
Frequently Asked Questions
Can I work during 60-day grace period?
No. Grace period allows you to stay in U.S. to arrange next steps but does not authorize employment. Working during grace period is status violation.
What if I find job on day 58?
New employer must file H-1B transfer before day 60 ends. You cannot work until transfer is approved but can stay in U.S. in lawful pending status.
Do weekends count toward 60 days?
Yes. All days count including weekends and holidays. Day 1 is day after employment ends.
What if transfer is denied?
You must leave U.S. immediately, file appeal or motion to reconsider, or change to different status if eligible. No work authorization until resolved.
Can I extend 60-day grace period?
No. It's hard limit. File necessary petitions before it expires or must depart.
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