H-1B 60-day grace period calculator
How long can you stay after an H-1B layoff? Up to 60 consecutive days after your last day of employment, or until your I-94 end date if that comes first. In that window you can find a new sponsor, change status or leave. DHS has proposed changes, so check USCIS before relying on it. Verified 2026-10-23 against 8 CFR 214.1.
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Last verified 2026-10-23 · against USCIS — H-1B Specialty Occupations · How we check facts
Worked example
Your last day of work is 1 October 2026 and your I-94 runs to 2027. Day one of the grace period is 2 October, so it ends 60 days later on 30 November 2026. If your I-94 ended on 20 October, the grace period would end on 20 October instead.
Assumptions and limits
- Counts calendar days from the day after your last day of employment.
- The grace period is available once per authorised validity period.
- It doesn't account for pending petitions, other statuses or a proposed rule change.
- This is not legal advice. Speak to an immigration attorney about your case.
Questions
How long is the H-1B grace period after a layoff?
Up to 60 consecutive days, or until your I-94 ends if that is sooner. It can be used once per authorised validity period.
Can a new employer file during the grace period?
Yes. A new employer can file an H-1B petition for you while you are within the grace period. You should confirm timing with an immigration attorney.
Is the grace period changing?
DHS has proposed changes to the grace period. Until a final rule takes effect the current rule applies — check USCIS for the latest status.
Related
Official sources
AlternateVisa is an information platform operated by Innovexsis Consulting LLP. It is not a law firm and does not give legal advice. Check official sources and a licensed professional before acting.