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8 CFR § 214.1(l)(2) / INA § 214(n) AC21

H-1B 60-Day Grace Period Calculator

Estimate your maximum grace-period deadline following job termination, understand possible change-of-status and H-1B portability options, and review the limits of the 60-day rule.

Grace Period Deadline Calculator

Use the actual cessation of qualifying H-1B employment; severance payment alone does not create additional grace-period days.
Check your official CBP Form I-94 arrival record.

Important Limits of the 60-Day Rule

The 60-day period is a maximum discretionary grace period, not an automatic guaranteed 60 days in every case. It applies once during each authorized validity period and may be shortened or eliminated by DHS. The worker generally cannot work during the grace period unless separately authorized.

The deadline calculated here is only a date-screening estimate. Your actual options can depend on the date employment ceased, the authorized period shown on the Form I-94, any prior status violations, timely filings, pending petitions, and the specific immigration benefit being requested.

4 Legal Action Paths Before Day 60

1. New Employer H-1B Transfer (INA § 214(n) Portability)

Under INA Section 214(n), an eligible H-1B worker may generally begin work for a new employer when the new employer files a nonfrivolous Form I-129, provided the statutory portability requirements are satisfied and the petition is filed before the worker's authorized period of stay expires. An I-797C receipt notice is not the legal event that creates portability employment authorization.

2. B-2 Visitor Visa Bridge (Form I-539)

If you need additional time after H-1B employment ends, an eligible worker may file Form I-539 requesting a change of status to B-2 before the applicable period of authorized stay expires. A timely, nonfrivolous filing can provide a period of authorized stay while USCIS considers the request, but it does not automatically grant B-2 status or employment authorization. A later employer can file an H-1B petition requesting the appropriate change of status if the worker qualifies.

3. Change to Dependent Status (H-4 / L-2)

If your spouse is maintaining qualifying H-1B or L-1 status, you may be able to request the corresponding dependent status (H-4 or L-2) if you meet the applicable requirements. H-4 EAD eligibility under 8 CFR § 274a.12(c)(26) generally requires the H-1B principal to have an approved Form I-140 or qualifying AC21 § 106(a)/(b) H-1B extension.

4. Departure from the United States

Under 8 CFR § 214.2(h)(4)(iii)(E), an H-1B employer that dismisses the worker before the end of the authorized period is generally liable for the reasonable cost of return transportation abroad to the worker's last place of foreign residence. This rule concerns employer-initiated dismissal; voluntary termination is treated differently.

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Frequently Asked Questions (FAQ)

No. The regulation allows up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter, and DHS may shorten or eliminate the grace period as a matter of discretion. It is available once during each authorized validity period.

Eligible H-1B workers may generally use AC21 portability to begin working when the qualifying employer files the nonfrivolous H-1B petition, provided all portability requirements are satisfied. The worker does not have to wait for an I-797C receipt notice.

The grace-period rule is in 8 CFR § 214.1(l)(2). For qualifying E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN workers, DHS may allow up to 60 consecutive calendar days, or until the end of the authorized validity period, whichever is shorter. The grace period is available once during each authorized validity period and is discretionary; DHS may eliminate or shorten it.

The grace-period rule is tied to the cessation of the employment on which the H-1B classification was based. The precise employment-termination date and the worker's authorized validity period should be documented carefully. Employer reporting on an H-1B petition or LCA does not, by itself, create a different legal termination date.

Severance pay does not by itself extend H-1B status or create additional grace-period days. The relevant question is when the H-1B employment actually ceased and whether the worker otherwise maintained the conditions of H-1B status. Employment-termination and payroll facts should be documented consistently.

An eligible H-1B worker may timely file Form I-539 requesting a change of status to B-2 before the applicable period of stay expires. A timely, nonfrivolous change-of-status application can provide a period of authorized stay while USCIS adjudicates the request, but filing the I-539 does not automatically grant B-2 status or employment authorization. Any later H-1B change of status must independently satisfy the applicable requirements.

Eligible H-1B workers may generally begin employment with a new H-1B employer when that employer files a nonfrivolous Form I-129, provided the worker satisfies the statutory portability requirements and remains in the required period of stay authorized by the government. The filing does not need to wait for an I-797C receipt notice. The petition must be filed before the end of the worker's authorized period of stay, which can be shorter than 60 days.

Generally, when an H-1B employer dismisses the worker before the end of the authorized period, the employer is liable for the reasonable cost of return transportation abroad to the worker's last place of foreign residence under 8 CFR § 214.2(h)(4)(iii)(E). The regulation distinguishes employer dismissal from a worker's voluntary termination.
Official USCIS References

• USCIS Options for Nonimmigrant Workers Following Termination: uscis.gov/nonimmigrant-options
• eCFR 8 CFR § 214.1 Requirements for Admission: ecfr.gov/8cfr214.1