Understanding the H-1B 60-day grace period after job loss. What you can do, status change options, and how to protect yourself.
Last updated: April 2026 · Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney.
When H-1B employment ends — whether through layoff, termination, or resignation — you enter a 60-day grace period during which you remain in valid status. This period begins on the date your employment ends. During these 60 days, you can: seek a new H-1B sponsor, file a change of status to another visa category, file for Adjustment of Status (I-485) if eligible, or prepare to depart the U.S. The grace period is limited to once per authorized validity period — if you've already used it during your current H-1B period, it may not be available again.
The grace period is for transitioning — you cannot work during this time (unless a new employer files an H-1B transfer). Your legal options include: interviewing and accepting new H-1B employment (start work when transfer receipt is received), filing for B-1/B-2 change of status for more time, enrolling in school and filing for F-1 change of status, filing I-485 if your priority date is current, and consulting with an immigration attorney about your specific options. Important: you should begin taking action immediately, not wait until the end of the 60 days.
If you haven't taken action (filed a change of status or new H-1B petition) within 60 days, you begin accumulating unlawful presence. Unlawful presence of 180 days to 1 year triggers a 3-year bar from re-entry; over 1 year triggers a 10-year bar. This makes it critical to act quickly. Even filing a change of status stops the unlawful presence clock while the application is pending.
From your last day of employment — the date your employer-employee relationship ends and you stop being paid. Not from the notice date.
Not unless a new employer files an H-1B transfer petition. Once filed, you can start working for the new employer under portability provisions.
The 60-day grace period is generally available once per authorized validity period. If you've already used it (e.g., between two H-1B periods), it may not be available again until a new validity period starts.