H-1B 60-Day Grace Period Calculator
Last day to find new sponsorship, change status, or depart after an H-1B layoff.
Written and maintained by Paul Clark, Redmoon Software · Rules last verified · Sources
These calculators are for informational purposes only and do not constitute legal, financial, or professional advice.
How the H-1B 60-Day Grace Period Calculator works
The H-1B 60-Day Grace Period Calculator answers the question every laid-off H-1B worker asks first: what is the actual last day I can stay in status? Federal regulation (8 CFR § 214.1(l)(2)) gives H-1B workers up to 60 consecutive calendar days — or until the end of the authorized validity period, whichever is shorter — to find new sponsorship, change to another status, or depart the country after employment ends.
The clock starts the day after the last day of employment (typically the last day salary is paid, not the last day physically worked, though employers sometimes differ on this), and runs in calendar days — weekends and federal holidays included. Enter the I-94 expiration date if you know it; the calculator caps the grace period at whichever comes first, since the grace period can never extend a stay beyond the underlying authorized period.
This is a use-it-once benefit per authorized validity period, and time in the grace period does not carry work authorization unless a new H-1B petition requesting portability has already been filed. It is unpaid, unprotected time to arrange your next step, not paid leave.
Worked example
An employee's last paid day is March 1 and their I-94 does not expire until October. Sixty calendar days from March 1 lands on April 30 — well before the I-94 expiration, so April 30 is the binding deadline, not the I-94 date. Had the I-94 instead expired on March 20, the grace period would be capped there, giving only 19 days instead of 60.
Frequently asked questions
Does the grace period give me permission to work?
No. The 60-day period lets you remain in the US in a period of authorized stay to search for a new employer, file a change of status, or wind down affairs — it does not itself authorize employment unless a new H-1B petition has already been filed invoking portability under AC21.
Can I use the grace period more than once?
Only once per authorized validity period. If you already used a grace period earlier in the same H-1B approval period — after a prior termination, for example — you are not entitled to a second one under the same approval.
Is this immigration advice?
No — this is general information based on 8 CFR § 214.1(l)(2), not legal advice for your specific case. Status rules change and individual circumstances (multiple petitions, pending extensions, dependents on H-4) affect the real deadline. Consult an immigration attorney promptly after a layoff — this window is short and unforgiving.
What this calculator does not do
A limitation you know about costs far less than one you find after the deadline. These are the specific things this tool cannot work out for you.
- The grace period is discretionary, not an entitlement, and it is available once per authorised validity period.
- It ends early if the I-94 validity period ends first — which is why the I-94 date is an input rather than an assumption.
Where these rules come from
The periods this calculator applies are taken from the primary sources below rather than from secondary summaries. Verify against them before relying on a date that matters.
- 8 CFR § 214.1(l)(2)
Up to 60 consecutive days, or until the existing validity period ends, whichever is shorter.