H-1B Grace Period: 60-Day Rule Explained

What is the H-1B Grace Period?

The 60-day grace period allows H-1B workers who lose their job a period of up to 60 days to find new employment or depart the United States.

Key Rules

When Does the Clock Start?

The grace period begins on the date of your last day of employment. It does not start on the date your employer notifies USCIS of termination.

What You Can Do During Grace Period

• Look for a new H-1B employer
• File for a change of status (to B-2, F-1, etc.)
• File for an H-1B transfer
• Depart the United States

What You Cannot Do

• You cannot work for the old employer
• You cannot work for a new employer until the new petition is filed
• You cannot work without authorization

Filing a New H-1B

Your new employer must file an H-1B petition before the 60-day grace period ends. Once filed, you can begin working under portability rules.

Important Considerations

If You Don't Find a Job in 60 Days

You must leave the United States or file for a change of status before the 60 days end. Overstaying can result in:

• Accrual of unlawful presence
• 3-year or 10-year bans
• Future visa complications

Back-up Plans

1. **Change to B-2 (Visitor)**: Buy time while job hunting

2. **Change to F-1 (Student)**: Enroll in a program

3. **Leave and return**: Apply for H-1B from abroad

4. **Day 1 CPT**: If you have an I-20, you may start CPT immediately

Tips for a Smooth Transition

• Keep copies of your termination letter
• Save recent pay stubs
• Maintain health insurance if possible
• Network actively during the grace period

Find [H-1B sponsoring employers](/sponsors) to speed up your job search.