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If your H-1B employment ended, the current rule generally gives you up to 60 consecutive calendar days to find a solution—or until your authorized H-1B validity period ends, if that happens sooner. The period is discretionary, can be shortened or eliminated by DHS, and does not itself authorize employment. USCIS generally starts the clock the day after the last day for which your salary or wages were paid.
You may be able to start with a new employer through H-1B portability, file a change of status, pursue adjustment of status, seek a compelling-circumstances EAD, or leave the United States and pursue a later admission. The correct deadline depends on your termination and pay records, I-94, petition validity, filings, and travel plans. Confirm those facts with a qualified U.S. immigration attorney before relying on a deadline or beginning work.
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What is the H-1B grace period after a layoff?
Under the regulation in force on October 30, 2026, an H-1B worker may receive a discretionary grace period of up to 60 consecutive days after employment ends. The period ends earlier if the authorized validity period ends first, and DHS may shorten or eliminate it in an individual case. It is available once during each authorized validity period; it is not an automatic extra 60 days every time a job changes.
The rule is in 8 CFR 214.1(l)(2). It protects a period in which you can seek a new employer, prepare another filing, or arrange departure, but it does not create work authorization. A separate employment authorization basis is required for any work during the period.
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DHS published a proposed rule on September 11, 2026, titled “Eliminating the Discretionary 60-Day Grace Period.” That proposal would remove the current provision, but it was not final on October 30, 2026. The eCFR still contained the 60-day rule on that date. Check the rule’s status again before acting because a final rule could change the deadline.
When does the 60-day H-1B clock start?
USCIS says the maximum 60-day period starts the day after termination of employment, with termination typically determined by the last day for which a salary or wage is paid. The date in a separation letter is important, but payroll records and paid notice or leave can change the analysis.
Calculate the working deadline
- Collect the dates. Obtain the written separation notice, last day physically worked, last day on payroll, final pay statement, and records of paid notice, severance, or accrued leave.
- Identify the likely termination date. Compare the employer’s stated date with the last day for which wages were paid. If they differ, ask counsel which date controls your facts.
- Count 60 consecutive calendar days. Start counting on the day after the legally effective termination date. Weekends and holidays count.
- Check the immigration end date. Review your latest Form I-94 and H-1B approval notice. The grace period cannot run past the end of the authorized validity period.
- Use the earlier date as your planning deadline. Treat the shorter of the 60-day calculation and the I-94 or petition end date as the working cutoff unless an attorney confirms a different result.
For example, if wages were last paid on October 1, day one is October 2. A full 60-day maximum would reach November 30, but an I-94 expiring on November 15 would make November 15 the earlier practical deadline. DHS can still exercise discretion to shorten the period.
What records should you preserve?
- Termination or furlough letter and any later correction.
- Final pay statement, payroll portal records, and paid-leave or notice-period documentation.
- Passport biographical page, visa stamp, latest I-94, H-1B approval notice, and prior approval notices.
- Copies of the employer’s petition and any certified Labor Condition Application available to you.
- Emails showing the end date, return of company property, or continuation of benefits.
Can you work during the H-1B grace period?
Generally, no. The regulation says that, unless separately authorized, an H-1B worker may not work during the grace period. Job searching, interviews, and preparing applications are different from performing services for a U.S. employer.
Do not perform paid or unpaid productive work, start onboarding that requires services, invoice clients, or continue duties for the former employer merely because the 60 days have not elapsed. A new employer may be able to use H-1B portability, but the petition must be properly filed and nonfrivolous. A defective filing or one that does not meet the portability requirements is not a safe basis for employment.
A pending change-of-status, adjustment-of-status, or other application can preserve a period of authorized stay in appropriate circumstances, but filing alone does not automatically authorize employment in the requested category. Keep the employment question separate from the stay question.
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What are your options after an H-1B layoff?
The best path depends on how quickly you need work authorization, whether you can remain in H-1B status, your family or immigrant case, and whether you must travel. The options below are legally distinct; a filing that preserves authorized stay may still leave you unable to work.
1. Transfer to a new H-1B employer through portability
An eligible H-1B worker may generally begin work for a new employer when that employer properly files a nonfrivolous H-1B petition, subject to the statutory and regulatory portability rules. This is usually the route that can restore employment fastest because it does not ordinarily require waiting for final approval before the portability start, provided the filing is valid and the worker is otherwise eligible.
Ask the prospective employer and counsel to verify the filing basis, job and worksite details, required fees, maintenance-of-status evidence, and delivery date. Preserve the receipt and the complete filing. If USCIS later finds the petition defective or not nonfrivolous, the assumed portability protection may fail.
2. Change to another nonimmigrant status
USCIS identifies possible changes to dependent status such as H-4 or L-2, student status such as F-1, and visitor status such as B-1/B-2 when the worker qualifies. A timely, nonfrivolous filing may provide a period of authorized stay while pending if you maintained status before filing and did not work without authorization.
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3. Adjustment of status
Some workers may qualify to file adjustment of status through an existing employment-based immigrant process or a qualifying self-petition. A pending adjustment application generally supports a period of authorized stay and may support an employment authorization document (EAD), but eligibility depends on visa availability, the underlying petition, maintenance of status, admissibility, and other facts.
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Because adjustment filings can have travel and status consequences, coordinate the immigrant petition, adjustment application, EAD, and any advance-parole request as one strategy. Do not assume that filing one form gives immediate work authorization or makes international travel safe.
4. Compelling-circumstances EAD
USCIS describes this as a discretionary, temporary option for certain people with an approved employment-based immigrant petition who do not have an immigrant visa available and face compelling circumstances. The EAD may be valid for up to one year.
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1Clear out junk files and repair common Windows errors2Scan for outdated or missing drivers - takes under a minute3Repair Windows errors before they cause bigger problemsIt is a stopgap, not a continuation of H-1B status. If you begin employment using the compelling-circumstances EAD, you generally are no longer maintaining H-1B status. That can affect a later in-country change of status, so obtain advice before using the EAD when a future H-1B or other status strategy matters.
5. Depart and pursue a later H-1B admission
You may leave the United States and pursue a new H-1B petition, visa processing, or readmission for any remaining H-1B period. Departure ends the grace period. A visa application and admission decision are separate from petition approval, and neither is guaranteed solely because you were previously in H-1B status.
After an involuntary termination, USCIS states that the H-1B employer generally must pay reasonable transportation costs to your last foreign residence. Ask counsel how that obligation applies to your facts and keep written requests and receipts.
Which option fits your deadline?
| Option | When work may resume | Effect on H-1B status | Travel and reentry considerations | Main eligibility burden |
|---|---|---|---|---|
| New H-1B portability filing | Generally upon a properly filed, nonfrivolous petition, subject to portability rules | Designed to continue H-1B employment authorization if requirements are met | Travel can end the grace period and may affect the pending case or admission | Valid employer petition, job, worker eligibility, and filing evidence |
| Change to another nonimmigrant status | Usually only when that status or a related EAD authorizes work; a pending filing alone may not | Changes or preserves status only under the requested category’s rules | Departure can abandon or complicate a change-of-status request and may require visa processing | Maintenance of status and category-specific requirements |
| Adjustment of status with EAD | After the EAD is approved and issued, unless another work authorization applies | Pending adjustment may provide authorized stay; H-1B maintenance depends on the facts | Travel generally requires appropriate advance-parole or other admission planning | Visa availability, immigrant petition, admissibility, and filing history |
| Compelling-circumstances EAD | After discretionary EAD approval and issuance | Employment generally ends H-1B status | Travel and later status changes require individualized review | Approved employment-based immigrant petition, no available immigrant visa, and compelling circumstances |
| Departure and later reentry | After a new petition, visa, and admission when required | H-1B status resumes only after a qualifying admission | Departure immediately ends the grace period; visa issuance and admission are separate decisions | Valid petition, visa or visa exemption where applicable, and admissibility |
How do you transfer an H-1B after a layoff?
Move quickly because the portability filing must be made while you remain eligible. The following sequence helps avoid a gap caused by missing records or an incorrect end date.
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- Get a written offer. Confirm the employer, position, worksite or worksites, salary, start date, and whether the role matches the specialty-occupation basis.
- Send status documents. Provide your passport, I-94, visa information, all H-1B approval notices, recent pay statements, and the termination and payroll records.
- Resolve maintenance-of-status questions. Tell counsel about unpaid leave, benching, prior status gaps, remote work locations, or any unauthorized work.
- Have the employer file promptly. A portability strategy depends on a properly filed, nonfrivolous petition and supporting evidence. Keep the delivery confirmation and USCIS receipt.
- Confirm the start date in writing. Do not begin duties until counsel confirms that the filing and portability rules authorize the specific employment.
- Monitor requests and decisions. Respond to any request for evidence and reassess work authorization if USCIS issues a rejection, denial, or notice affecting the filing.
Can you change from H-1B to B-2 after a layoff?
Possibly, if you qualify and file a timely, nonfrivolous change-of-status request before your authorized stay expires. B-1/B-2 status can provide time for tourism, business activities permitted to visitors, and job searching or interviews, but it does not authorize employment.
A B-2 filing is not a way to keep working while searching. You must stop unauthorized work, explain the purpose and funding of the visit, and show that you will comply with visitor limits. If a job offer arrives, the employer must pursue an employment-authorized route; you cannot simply start because a B-2 application is pending.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What happens if the grace period expires before you find a job?
Once the shorter of the applicable 60-day period and authorized validity period has passed, you need another lawful basis to remain. Continuing to stay or work without authorization can create immigration consequences and complicate future filings.
Before the deadline, counsel may advise filing an eligible change of status, adjustment application, or other qualifying request, or arranging departure. A timely filing can preserve authorized stay in appropriate circumstances, but it does not retroactively authorize work and does not guarantee approval. If no viable filing exists, depart by the applicable deadline and plan any later visa or admission process.
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Can you travel during the H-1B grace period?
USCIS states that the grace period ends upon any departure from the United States. Do not assume that a pending H-1B, change-of-status, adjustment, or EAD filing preserves the grace period or guarantees your return.
Before booking travel, review whether you need a visa, whether a pending application could be treated as abandoned, what status you would seek at the port of entry, and whether the new employer’s petition supports admission. Visa issuance and admission are discretionary processes separate from the grace-period calculation.
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If the employer terminated you while you were outside the United States and you could not return before the effective termination date, the grace period generally does not apply. Departure and reentry planning should therefore be addressed before the employment end date whenever possible.
What should you do today?
- Confirm the legal termination date and the last day for which wages were paid.
- Download your latest I-94, approval notice, passport, visa information, and employer petition records.
- Calculate the 60-day date and the authorized-validity end date; use the earlier one as your working deadline.
- Stop all work that is not separately authorized.
- Ask prospective employers whether they can file a properly supported H-1B portability petition promptly.
- Discuss change of status, adjustment of status, compelling-circumstances EAD, and departure with qualified immigration counsel.
- Do not travel until counsel analyzes how departure affects the grace period, pending filings, visa needs, and reentry.
- Recheck the DHS proposed-rule status before relying on the 60-day rule, because the September 11, 2026 proposal could materially change it if finalized.
This is general information, not individualized legal advice. A licensed U.S. immigration attorney can reconcile conflicting payroll and termination dates, select a filing strategy, and identify risks that a calendar calculation cannot.
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Does severance pay extend the H-1B grace period?
Severance by itself does not automatically add days. The relevant question is usually which date represents the end of employment and the last day for which salary or wages were paid; paid notice or leave can make the facts more complicated. Have counsel review the separation agreement and payroll records rather than relying on the severance payment date alone.
Can I interview for jobs while a B-2 change-of-status application is pending?
Job searching and interviewing can be consistent with visitor status when the activities remain within visitor rules. You cannot perform productive services or start the offered job until you hold employment authorization in the appropriate category.
Can my spouse’s status give me work authorization after an H-1B layoff?
A change to H-4 or L-2 may be possible if you qualify through your spouse, but work authorization depends on the specific principal worker’s status and the applicable EAD rules. The status filing and the employment authorization application should be planned together.
Does the 60-day period apply if I was laid off while abroad?
Generally no if you were outside the United States and could not return before the effective termination date. The grace period is a U.S. stay provision, so a worker abroad normally needs a valid petition, visa process, and admission strategy instead.
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What if my employer gives me conflicting termination dates?
Keep every version of the notice, payroll statement, and paid-leave record. Ask immigration counsel to determine the legally effective date and document the calculation; using the later date without support can cause you to miss the real deadline.
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