H-1B 60-Day Countdown
Enter your last working day, I-94, and petition end date to see your grace-period deadline, days remaining, a risk level, and a day-by-day action plan.
Planning estimate only. Not legal advice.
Written by Deepak Updated July 2026
Immigrant with nearly 20 years of U.S. experience Reviewed against official guidance
Planning estimate only — not legal advice. A grace period of up to 60 days is discretionary and depends on your status, I-94 validity, prior grace-period use, and individual facts. This tool does not confirm you have a grace period or that you are safe for any number of days. Verify everything with a licensed immigration attorney and official USCIS guidance.
Where are you right now?
Pick the closest situation to get tailored next steps.
Your dates and status
One date is all this needs. Your deadline appears as soon as you enter it.
Your I-94 or petition end date can make your window shorter than 60 days.
Why trust this calculator?
- Designed by Deepak Middha, a Chartered Accountant and finance educator
- Built using publicly available guidance and documented assumptions
- An educational planning tool — not personalized financial or legal advice
- Reviewed and updated regularly
- Privacy friendly — inputs stay in your browser
- Methodology is published and open to read
- Known limitations are documented, not hidden
How long do I have in the U.S. after an H-1B layoff?
After an H-1B job ends, USCIS generally allows a grace period of up to 60 consecutive days — or until your I-94 expires, whichever is earlier— to find a new employer, change status, or prepare to depart. It runs from your last day of employment, not the day you're notified, and it is not guaranteed in every case.
The grace period protects your lawful status. It does not authorize you to work. You cannot be employed or paid for work during it — including contract, freelance or unpaid-then-backpaid arrangements — until a new petition is filed and you are authorized to begin.
Use the time to line up an H-1B transfer, file a change of status, or leverage an approved I-140. The calculator above shows your exact deadline, days remaining, and a day-by-day action plan. This is a planning estimate — confirm your situation with a licensed immigration attorney.
- Estimated time
- 2–3 minutes
- What you need
- Last work day, I-94 end date, petition end date
Your H-1B transfer & change-of-status options
Most people take one of these four paths. Start more than one in parallel so you're never relying on a single option that could fall through late in the window.
Find a new employer & file an H-1B transfer
The most common path. A new employer files a non-frivolous H-1B petition; under portability you may be able to start work once USCIS receives it — you do not have to wait for approval.
H-1B transfer after layoffChange to a different status
H-4 (if a spouse is on H-1B), B-2 to wrap up affairs, or F-1 student. A change of status must be filed on time and usually does not grant work authorization.
Change of status after layoffUse an approved I-140
An approved I-140 supports H-1B extensions beyond six years and protects your priority date — but it does not stop the 60-day clock on its own.
Approved I-140 after layoffPlan an orderly departure
If no path lands in time, plan a departure that protects future re-entry and any green-card progress. Get travel advice before booking.
Compare all optionsQuestions about the date above
The three things people get wrong about the deadline this tool just calculated. Educational only, not legal advice.
Q1.Does severance extend my H-1B grace period?+
Usually no. Severance or payroll continuation does not automatically mean you are still maintaining H-1B employment or status.
Risk: Planning from the date severance ends can put you weeks past your real deadline.
Next step: Plan from your last actual working day and confirm your specific facts with an immigration attorney.
Q2.Is the 60-day grace period guaranteed?+
No. The grace period is discretionary — up to 60 days, or until your I-94 / petition end date if that is sooner — and it is not automatic. DHS has also proposed eliminating it altogether (91 FR 57807, published September 11, 2026; comments close November 10, 2026). That is a proposal only — the grace period remains in effect today.
Risk: Assuming a guaranteed full 60 days can leave you out of status if your I-94 ends first.
Next step: Treat 60 days as a maximum, not a promise, and file a transfer or change of status as early as you can.
Q3.What if I find an employer on day 55?+
That's risky, because the new employer still needs to prepare an LCA, gather documents, complete attorney review, and file — none of which is instant.
Risk: Relying on the final week can mean the filing misses your window entirely.
Next step: Treat day 45 as your internal deadline to have a filing in motion, and ask about premium processing to compress the timeline.
Q4.What if I am already past 60 days?+
Don't guess your next move. Being past the discretionary window has serious consequences, and the right path depends entirely on your facts.
Risk: Filing the wrong thing, traveling, or starting work while out of status can make the situation much worse.
Next step: Speak to an immigration attorney immediately — before filing anything, traveling, or starting any work.
The other eight questions people ask after an H-1B layoff — starting work on a receipt notice, H-4 dependants, B-2, travel, and being past 60 days — are answered on the H-1B layoff Q&A.
Important disclaimer
Immigration outcomes depend on your specific status, history, and facts, and the rules change. This page is educational only and is not legal advice. Confirm everything with a licensed immigration attorney or official USCIS guidance before acting.
Sources & methodology
Every legal statement on this page is traceable to the regulation, statute, court order or agency guidance below, and each source carries the date it was last re-read. Immigration rules change and outcomes depend on facts this page cannot see — confirm your own position with a licensed immigration attorney before acting.
- 8 CFR 214.1(l) — Period of stay (grace periods) — Electronic Code of Federal RegulationsThe up-to-60-day grace period, the classifications it covers including H-1B, the “may not work during such a period” limitation, and DHS discretion to shorten or eliminate it. · Last verified Sep 22, 2026
- INA 214(n) / 8 U.S.C. 1184(n) — nonimmigrant employment authorization (AC21 §105 portability) — U.S. Code (Office of the Law Revision Counsel)H-1B portability — that a worker may begin employment with a new employer once USCIS receives a non-frivolous change-of-employer petition, without waiting for approval. · Last verified Sep 22, 2026
- Options for Nonimmigrant Workers Following Termination of Employment — U.S. Citizenship and Immigration ServicesUSCIS's own summary of the options available to nonimmigrant workers after a termination of employment. · Last verified Sep 22, 2026
- Form I-94 Arrival/Departure Record — retrieve your most recent I-94 — U.S. Customs and Border ProtectionYour most recent I-94, which controls how long you may stay and can end your available time before any grace period would. · Last verified Sep 22, 2026
- "Eliminating the Discretionary 60-Day Grace Period" — notice of proposed rulemaking, 91 FR 57807 (RIN 1615-AD22, document 2026-18631), published September 11, 2026 — Federal Register (DHS / USCIS)The proposed elimination of the grace period — 91 FR 57807, RIN 1615-AD22, document 2026-18631, published September 11, 2026, comments close November 10, 2026. A proposal only; it has no effective date. · Last verified Sep 22, 2026
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Deepak Middha is the founder of LayoffNext and a Chartered Accountant (ICAI, India). A U.S. immigrant with nearly 20 years of experience — and 17 years in hedge fund and private equity administration, including as Vice President of Fund Accounting at NAV Fund Administration Group and Associate Director of Private Equity and Real Estate at SS&C Technologies — he builds free, plain-language layoff tools and guides for employees, H-1B workers, and immigrant families.
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