If an H-1B job ends, you may have up to 60 days to find another qualifying job or take another immigration action—but the period can be shorter if your authorized stay expires first. The grace period does not let you keep working for the former employer.
Check your Form I-94, petition validity, exact last day of employment and any termination documents immediately. A new employer may be able to use H-1B portability after filing a qualifying, nonfrivolous Form I-129 with an unexpired approved Labor Condition Application (LCA), but a job offer alone does not provide status or work authorization.
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What happens when an H-1B job ends?
U.S. Citizenship and Immigration Services (USCIS) describes an H-1B grace period of up to 60 days, or until the authorized validity period ends, whichever is shorter. The governing regulation identified in USCIS correspondence is 8 CFR 214.1(l)(2). “Up to” matters: there is no automatic 60-day entitlement if your I-94 or other authorized period ends sooner.
The grace period is time to pursue options such as a new H-1B employer or a change of status. It is not an extension of your old job and does not by itself authorize employment. Your visa, immigration status, authorized stay and employment authorization are related but different concepts.
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USCIS says that if no qualifying action is taken, the worker and dependents may need to depart within the shorter of the 60-day period and the remaining authorized validity period. The exact result depends on your documents, petition history, termination facts and any filing made during the period.
USCIS’s 2023 correspondence explains the grace-period rule and possible actions: USCIS correspondence on H-1B grace periods and its May 15, 2023 response.
First, separate the four dates and documents that control your case
People often calculate the deadline from the layoff announcement or visa-stamp expiration. That can be wrong. Build a timeline from primary records instead.
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Obtain the employer’s written termination date. A notice date, final day actually worked, final payroll date and date employment legally ended can differ. Do not assume that being removed from a project or placed on unpaid leave is the same as a bona fide termination.
2. Your Form I-94 authorized-stay end date
For a person admitted in H-1B status, the I-94 is a central record of how long that admission is authorized. Retrieve the current electronic I-94 through U.S. Customs and Border Protection or use the paper record if applicable. Compare its “admit until” date with the petition and approval notice.
3. The petition’s validity period
Keep every Form I-797 approval notice, amended petition, extension and prior approval. A petition may have a validity period that does not match the date you last entered the United States. The shorter applicable authorized period can limit the grace period.
4. The date a new filing is received
If you pursue portability or another immigration benefit, preserve the filing receipt, delivery confirmation and complete copy of what was submitted. Timing and whether the petition is nonfrivolous are important; an informal offer or unsigned draft is not a filing.
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1Scan for outdated or missing drivers - takes under a minute2Repair Windows errors before they cause bigger problems3Fix the driver behind crashes, sound loss and screen glitchesBecause these dates can conflict, calculate the possible deadline only after checking the actual records. If a date is unclear, obtain case-specific immigration advice before relying on the full 60 days.
Grace period, immigration status and work authorization are not the same
A person can have authorized stay to remain in the United States while not being authorized to work. The H-1B grace period is an authorized-stay concept. It does not revive employment with the former company after the job ends.
The Department of Labor (DOL) distinguishes an ongoing employment relationship from a bona fide termination. Its guidance says H-1B workers generally must receive the required wage for nonproductive time caused by employment-related conditions, such as a lack of assigned work, while employment continues. Once there is a bona fide termination, the wage obligation for nonproductive time does not continue. See DOL Fact Sheet #62I.
Do not keep performing services, attending required work meetings or representing yourself as an employee after termination unless a qualified adviser and the employer have confirmed a lawful basis. A grace period is not a general employment permit.
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Visa stamp versus status
An H-1B visa stamp is generally a travel document used to request admission at a U.S. port of entry. It is not the same as the period of authorized stay shown on the I-94, and its validity does not answer whether you may work after a job ends. The materials available for this article do not establish how a particular person’s travel, visa validity or readmission would be decided. Get current, individualized advice before leaving the United States.
Can you start for a new H-1B employer before approval?
Often, yes—if the H-1B portability requirements are satisfied. DOL Fact Sheet #62W says an H-1B worker already in the United States may begin work for a new H-1B employer when that employer files a nonfrivolous Form I-129 before the worker’s authorized period of stay ends and submits an unexpired, approved LCA covering the offered work. Under those conditions, the worker does not have to wait for USCIS to adjudicate the petition.
This is not a blanket rule for every job change. The new employer’s LCA must cover the actual position, and the filing must meet the portability requirements. A job offer, an employment contract or an employer’s promise to file later is not enough.
DOL describes the policy as follows: “The portability provision enables an H-1B worker to change to a different job without the risk of being ‘out of status.’” Read the full qualifications in DOL Fact Sheet #62W and the shorter DOL H-1B portability adviser.
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Portability checklist
- Confirm that you are currently in the United States and identify the authorized-stay end date.
- Ask the prospective employer whether it will file Form I-129 promptly, rather than merely preparing an offer.
- Confirm that the petition is nonfrivolous and requests the classification and work described.
- Confirm that an approved LCA is still valid and covers the offered job, worksite and required conditions.
- Obtain proof of filing and retain the complete petition package.
- Do not begin work until the filing and your facts have been reviewed against the portability rules.
Starting under portability does not guarantee approval. If USCIS later denies or rejects the petition, the consequences can be serious, so the employer and worker should address any eligibility problem before work begins.
Other ways to seek time beyond the grace period
USCIS identifies several possible actions for someone trying to remain in the United States while looking for work. They are not interchangeable, and filing one does not automatically mean it will be approved.
Change to another nonimmigrant status
A worker may be able to request a change to another nonimmigrant classification. USCIS gives dependent or visitor status as examples. Eligibility depends on the facts, timing and requirements of the requested category. A visitor classification, for example, does not authorize ordinary employment. A dependent classification may require a qualifying principal and a separate work-authorization analysis.
Adjustment of status
If you qualify for an immigrant visa category and a visa is available under the applicable rules, an adjustment-of-status filing may be possible. This is a distinct process with its own eligibility, filing and travel consequences. A pending adjustment application should not be treated as an automatic work permit unless employment authorization has separately been granted or another valid work-authorizing basis applies.
Compelling-circumstances employment authorization
USCIS also lists a compelling-circumstances employment authorization document (EAD) as a possible route for certain high-skilled nonimmigrants. The category has specific eligibility requirements and does not apply merely because a person lost a job. An EAD application must be evaluated on its own criteria, and filing does not guarantee approval.
A new employer’s petition
A new employer may file a nonfrivolous H-1B petition. If filed within the relevant period, USCIS says such an action can be among the measures that allow authorized stay to continue beyond the ordinary grace-period limit, even if the worker ultimately loses the prior nonimmigrant status. Whether the worker may work immediately depends on portability and the petition’s facts; do not assume that every filing carries the same work rights.
USCIS’s May 15, 2023 response lists these possibilities and explains that filing during the up-to-60-day period can affect authorized stay: USCIS response on H-1B job loss and grace-period options.
Compare the principal options before choosing one
| Option | What it may accomplish | When action is needed | Can you work immediately? | What is not guaranteed |
|---|---|---|---|---|
| H-1B portability with a new employer | Allows a qualifying worker to start the new H-1B job after filing | Before the authorized period ends; the ordinary grace period may be shorter than 60 days | Potentially, after a qualifying nonfrivolous I-129 and covered approved LCA are filed | Petition approval or eligibility if requirements are not met |
| Change to another nonimmigrant status | Requests a different lawful classification | Normally filed while the existing authorized-stay period is still usable | Depends on the requested category; visitor status does not authorize ordinary employment | Approval, continued work permission or a particular processing time |
| Adjustment of status | Seeks permanent-residence processing from inside the United States | Depends on immigrant-category eligibility and visa availability | Only with a valid independent work authorization or approved EAD | Eligibility, visa availability and approval |
| Compelling-circumstances EAD | May provide employment authorization to an eligible person facing qualifying circumstances | Must meet the category’s filing and eligibility rules | Not before an EAD is granted, unless another work-authorizing basis exists | Eligibility or approval for every unemployed H-1B worker |
| No qualifying filing | No immigration basis identified to extend the stay | Departure may be required by the shorter grace-period or authorized-validity deadline | No | That the 60-day maximum will apply or that a late filing will cure the problem |
What the former employer must do
The DOL H-1B Advisor says an employer that terminates an H-1B worker before the visa expires must give clear notice of termination, notify USCIS and document those actions. In certain circumstances, the employer must also offer transportation home. The transportation obligation is fact-dependent, not an unconditional payment in every separation. See DOL H-1B termination guidance.
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Questions to ask payroll or human resources
- What exact date does the company consider the termination date?
- Was the separation a bona fide termination, a leave arrangement or a period with no assigned work?
- When did the company notify USCIS, and can it provide written confirmation?
- Are wages owed for nonproductive time before the termination became effective?
- Does the employer have an obligation to offer or pay transportation under the applicable facts?
Keep termination notices, pay statements, emails and immigration correspondence. If the employer withholds required wages or refuses to clarify the termination, DOL’s guidance can help you identify the issue, but an immigration lawyer or employment lawyer may be needed for your particular dispute.
A practical action plan for the first days
- Freeze the timeline. Write down the last day worked, the date the employer says employment ended, the I-94 expiration date and every petition validity date.
- Collect records. Save the I-94, passport biographical page, visa page, all I-797 notices, the LCA information available to you, pay records and the written termination notice.
- Stop unauthorized work. Do not continue work for the former employer merely because the grace period is running.
- Contact prospective employers quickly. Ask whether they sponsor H-1B workers and whether immigration counsel is ready to file a complete petition and covered LCA before your deadline.
- Verify portability before starting. Obtain filing evidence and confirm the petition is nonfrivolous and the LCA is approved, unexpired and applicable to the offered position.
- Evaluate alternatives in parallel. If a new H-1B filing is uncertain, discuss a possible change of status, adjustment of status or compelling-circumstances EAD with qualified counsel. Each route has different work and travel effects.
- Review dependents. H-4 family members’ authorized stay and any employment authorization can be affected by the principal worker’s filing or departure timeline. Check each dependent’s I-94 and approval notice separately.
- Plan for the no-filing outcome. If no qualifying action is available, arrange departure before the shorter applicable deadline rather than waiting for the maximum 60 days.
Common mistakes and how to avoid them
Assuming every worker gets 60 days
The rule is “up to” 60 days, limited by the authorized validity period. Use the I-94 and petition records instead of counting from memory.
Starting with a new company on an offer letter
Portability is tied to a qualifying filing and approved LCA, not a verbal offer. Confirm the filing before beginning services.
Calling the grace period a work permit
Authorized stay and employment authorization are different. The grace period does not allow work for the former employer or any unrelated employer.
Waiting for approval when portability may apply—or starting without checking
Some qualifying workers may start when the new petition is filed, but the petition and LCA must satisfy the rule. Neither waiting unnecessarily nor starting casually is safe; verify the facts with the filing employer and counsel.
Ignoring dependents and travel
Dependents may face their own deadlines. Travel can affect visa processing and readmission, and the available materials do not resolve those outcomes for an individual case. Obtain current advice before departing.
Relying on a pending filing as an automatic approval
A filing can preserve an opportunity to request a benefit or extend authorized stay under certain circumstances, but it does not guarantee approval, work authorization or a favorable final status.
When professional advice is especially important
Consider prompt, individualized advice if your termination date is disputed, your I-94 expires soon, you have changed employers before, a petition was revoked or denied, you were out of status, you have dependents, you plan to travel, you may qualify for adjustment of status, or your employer has not handled wages or USCIS notification correctly.
Bring the complete timeline and documents rather than relying on a summary. The answer can change based on whether employment actually ended, which petition was last approved, how admission was recorded and what filing is made next.
How current are these rules?
The grace-period explanations cited here come from USCIS correspondence issued in 2023. The portability and wage materials include DOL fact sheets, including Fact Sheet #62W revised in November 2016. Those sources support the rules described above, but immigration forms, agency instructions and regulations can change. Before filing or traveling, check the current USCIS instructions and applicable regulations, and confirm your facts with a qualified immigration professional.
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