H-1B Grace Period: Complete Guide to the 60-Day Rule in 2026
The H-1B grace period provides 60 days for workers who lose their job to find new sponsorship, change status, or depart the US. Understanding exactly how this period works is critical for protecting your immigration status after an unexpected job loss.
What Triggers the H-1B Grace Period
Employment termination, whether voluntary or involuntary, triggers the 60-day grace period. The period begins the day after your last day of employment and applies only to H-1B, H-1B1, O-1, TN, and E-3 holders.
What You Can Do During the Grace Period
You can file a new H-1B transfer petition, file for a change of status such as F-1 or O-1, file for AC21 portability if your I-485 has been pending 180+ days, or prepare for departure if no options are available.
What You Cannot Do
You cannot legally work during the grace period. You cannot extend the 60 days under any exceptions. Starting a business is not authorized during this period.
Strategy for the Grace Period
Contact an immigration attorney immediately after job loss. Begin the H-1B transfer process within the first two weeks. Consider B-2 status if more time is needed to wrap up your affairs.
Frequently asked questions
How long is the H-1B grace period?
The H-1B grace period is 60 days, or until the end of your existing I-94 validity, whichever is shorter. It begins the day after your last day of employment.
Can I work during the H-1B grace period?
No. You cannot legally work during the grace period. It is intended only to give you time to find new sponsorship, change status, or depart the US.
What happens if I dont find a job within 60 days?
If you do not secure new sponsorship or change status within 60 days, you fall out of valid status and are generally expected to depart the US to avoid accruing unlawful presence.
Does the grace period reset if I get a new job?
Yes. A fresh 60-day grace period is available upon each qualifying employment termination, so securing and later losing new H-1B employment would trigger a new grace period.
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.