H-1B Grace Period Calculator

Under 8 CFR § 214.1(l)(2), qualifying nonimmigrant workers including H-1B workers may be granted a discretionary grace period of up to 60 consecutive calendar days following cessation of employment, or until the end of the authorized validity period, whichever is shorter. DHS may shorten or eliminate the grace period.

The grace period ends on the EARLIER of 60 calendar days from the day following employment termination OR the expiration date printed on your current Form I-94 arrival/departure record.

Severance payments do not by themselves extend H-1B status or the grace period. The relevant date is the actual cessation of qualifying employment, based on the employment and immigration records; payment arrangements alone do not determine the grace-period date.

An eligible H-1B worker may generally begin qualifying employment with the new employer when the employer properly files a nonfrivolous Form I-129, provided the statutory AC21 portability requirements are satisfied. The worker does not have to wait for the I-797C receipt notice.

If a worker cannot secure a new H-1B sponsor within 60 days, they can file Form I-539 online for a Change of Status to B-2 visitor before Day 60 to maintain authorized stay while continuing their job search.

A qualifying worker may receive the discretionary grace period once during each authorized validity period. A new grace period is not automatically created merely because the worker changes employers; the worker must have a new authorized validity period and otherwise satisfy the regulation.