If you lose your job on an H1B visa, you may stay in the U.S. for up to 60 days or until your I-94 expires, whichever comes first. This period is called the H1B grace period and is your limited window to take action before falling out of status.
During this time, you must either transfer your H1B, change your visa status, or leave the United States. The key detail most people miss is that this period starts immediately after your last working day and does not pause for severance or job search delays.
Checklist: What to Do During the 60-Day Grace Period
- Confirm your last working day
- Get a termination letter and pay stubs
- Start job hunting immediately
- File H1B transfer or change of status
- Consult with an immigration attorney
- Explore backup options (B2, F1, H4)
- Keep records of all communications
When does the 60-Day Grace Period start?
The grace period starts the day after your last paid working day, not your notice period or severance timeline.
Example:
If your layoff notice came on May 1st, but your final paycheck covers you until May 15th, your grace period begins on May 15th.
What Can You Do During the 60-Day Grace Period?
Here are your four main options:
1. Find a New Job and File an H1B Transfer
- New employer must file Form I-129 before the 60 days expire.
- You can start working once the petition is received by USCIS.
2. Change Visa Status
- Apply to change to B2 (Tourist), F1 (Student), or H4 (Spouse).
- Submit Form I-539 and required documents.
Note: B2 (Tourist) does NOT allow you to work."
3. Leave the U.S.
- If no options work, plan to depart before the 60 days end.
- Keep travel proof for future immigration needs.
To understand your next steps clearly, read what to do after an H1B layoff
Case Study
Neha, a data analyst from Hyderabad working in Austin, Texas, was laid off on March 10. Her employer gave her severance pay until March 30. Her 60-day grace period began on March 30.
She quickly updated her resume, used Techotlist to apply for jobs, and got an offer within 3 weeks. Her new employer filed an H1B transfer by April 20, and she resumed working, all without leaving the U.S.
Real Timeline Example (What Actually Happens)
- Day 1 → Grace period starts
- Day 20 → Still time to apply or transfer
- Day 45 → Fewer options, urgency increases
- Day 60 → Deadline (status risk begins)
Most applicants underestimate how quickly this window closes.
FAQs: Questions to Ask Your Immigration Attorney
Q1: Can I stay in the U.S. after 60 days without a job?
No, staying beyond 60 days without legal status is considered unlawful presence and can impact future visa applications.
Q2: Can I file a B2 visa and stay while looking for jobs?
Yes, but B2 is not intended for employment. It only buys time, not work authorization.
Q3: Does severance extend the grace period?
No, severance doesn’t delay the start. Only active payroll status matters.
Q4: Can multiple H1B transfers be filed at once?
Yes, multiple employers can submit H1B petitions. The first one approved can be used to resume work.
Also Read: Can I stay in the U.S. on day 59 after an H1B layoff?
Important Documents to Keep
Latest I-797 Approval Notice
Termination letter and pay stubs
I-94 record (from CBP website)
Passport and visa stamp copy
Job offer letters, if interviewing
Also Read: What should I do if I get laid off on H1B? (60-Day Rule Guide)
The H1B 60-day grace period begins after employment termination, allowing the visa holder to remain lawfully in the U.S. without employment. Within this window, the individual can transfer to another H1B employer, change visa status (e.g., B2, F1, H4), or exit the U.S. Staying beyond 60 days without taking action may lead to unlawful presence. It’s critical to gather documents, consult immigration counsel, and file timely petitions to stay compliant.
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