H-1B 60-Day Grace Period: What You Can Do After Losing Your Job
If you lose your H-1B job -- whether through a layoff, resignation, or termination -- you do not become immediately out of status. A 60-day grace period gives you time to respond strategically. But the rules are strict and the clock starts the moment your employment ends.
Frequently asked questions
How long is the H-1B grace period after losing a job?
H-1B workers have a 60-day grace period each time their employment ends. During those 60 days you remain in a lawful period of stay and are not accruing unlawful presence, but you are not authorized to work. You must file for a new H-1B transfer, change to another status, or depart the US before the 60 days expires.
Can I work during the H-1B 60-day grace period?
No. Your work authorization lapses the moment your employment ends. During the 60-day grace period you can legally stay in the US, search for jobs, and interview, but you cannot perform any paid work. Work authorization resumes only after a new employer files an H-1B transfer petition that is received by USCIS.
What happens if I cannot find a new H-1B employer within 60 days?
Your options are: (1) change status to a non-work visa like H-4 if your spouse is on H-1B, (2) apply to change to F-1 student status if you are enrolled in a program, (3) apply for O-1 if you qualify, or (4) depart the US voluntarily. Do not let the 60 days expire without taking one of these actions -- unlawful presence beyond 180 days triggers a 3-year bar from the US.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and situation-specific. Always consult a licensed immigration attorney before making decisions about your immigration status.