While the holiday season is meant for celebration, it has become a time of unexpected uncertainty for many H-1B workers. Being laid off is stressful enough—being on an H-1B visa adds another layer of urgency. Fortunately, U.S. immigration law provides a 60-day grace period that allows H-1B visa holders to stay in the country legally after losing their job. Understanding how this works can make the difference between staying compliant and facing serious immigration consequences.
What Is the 60-Day H-1B Grace Period?
If an H-1B worker loses their job, U.S. immigration regulations permit a discretionary grace period that allows workers in H-1B status (and their dependents) to be considered as having maintained status in that same classification after the end of employment for up to 60 consecutive calendar days or until the end of the authorized nonimmigrant validity period (i.e. end date on I-94), whichever is shorter (the “maximum 60-day grace period”). See 8 CFR 214.1(l)(2).
This is known as the 60-day grace period.
It applies whether the H-1B worker is terminated or resigns—but only once per authorized validity period of the H-1B.
What is the purpose of the Grace Period?
The 60-day grace period provides H-1B employees with 60 days after the termination of their H-1B employment to remain in the U.S. , during which time they may transfer to another H-1B job, change their status or decide to leave the U.S.
When Does the Grace Period Start?
It begins the day after your employment ends, ie the last working day of productive employment. For example if your last day of productive employment is November 15, 2025 but your employer will continue to pay your salary till November 30, 2025, your 60-day grace period will begin on November 16, 2025.
What are my options to stay in the U.S. beyond the 60-day grace period?
1. Find New H-1B Employment (Most Common Option)
A company can file an H-1B transfer petition for you and you can start working for the new employer as soon as USCIS receives the petition (H-1B portability), through the H-1B receipt notice.
The H-1B transfer petition should include your employment termination letter and most recent payslips along with the other required H-1B documentation, and must be received by USCIS, before your 60-day grace period expires.
2. File a Change of Status
You also have the option of filing for a change of status to any of the following classifications:
- B-2 (visitor)
- F-1 (student)
- H-4 (dependent), if your spouse is on valid H-1B status
- O-1
- Another eligible status
It is critical that you file your change of status application before the expiration of your 60-day grace period. Submitting the application within the grace period keeps you in legal status while USCIS reviews it. For example, if you file for a change of status to B-2 before your 60-day grace period expires, you will be in “pending B-2” status after your grace period, while your change of status petition is pending adjudication by USCIS.
3. Applying for H-1B employment after filing for a Change of Status
You can still apply for a new H-1B employment after filing for a change of status to B-2, F-1 or any other status as long as you apply within your authorized stay ie while your change of status petition is pending or before the validity period expires . However, you will no longer be able to work on your H-1B receipt notice if your 60-day grace period has expired and you will need to wait till your H-1B is approved, before you can start working. It is also critical that you keep your new H-1B employer informed about any pending change of status application so that they can request USCIS to approve the pending change of status petition before approving the H-1B petition.
60-day Grace Period Restrictions
It is important to keep the following restrictions in mind while navigating through your option:
- You cannot work during the grace period unless you have already filed for an H-1B transfer and you have the H-1B receipt notice.
- The 60-day grace period applies to you and your dependents.
- You only get one grace period per H-1B validity period.
- If your I-94 expires earlier than 60 days, the grace period ends on the I-94 date.
- 60-day grace period is based on calendar days, not business days.
Summary
The 60-day grace period offers H-1B workers an opportunity to explore their options to remain in the U.S. legally. However, there are specific terms and conditions that apply when you file for an H-1B transfer during your 60-day grace period or decide to change your status. It is therefore critical that you work with an experienced Immigration Attorney to ensure success.
Contact Verma Law Firm if you are interested in learning more about changing your status or applying for an H-1B transfer while you are in your 60-day grace period.
Call us at (408) 560-4622 to schedule a consultation to learn more.