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Free tool for H-1B workers

When does your H-1B grace period end?

Enter your last day of employment and the Admit Until Date on your I-94. The calculator gives you the last day of your grace period and a dated list of the ways through it.

Usually the last day you are paid for, which can be after your last day at work.
On your most recent I-94 record, from the CBP I-94 website. It is often the end date of your H-1B approval.

Your dates show here.

Enter both dates. You get the last day of your grace period, how many days are left, and what has to happen by then.

Counted under the rule in effect on October 30, 2026. DHS has proposed ending this grace period; it is not final. What would change, and what to do now.

Date estimate only, not legal advice. This grace period is discretionary. Confirm your deadline and filing options with an immigration attorney.

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Proposed, not in effect

DHS has proposed ending the 60 days.

On September 11, 2026, DHS published a proposed rule to remove the grace period (91 FR 57807, docket USCIS-2026-0364). As of October 30, 2026 it is still a proposal: the Federal Register has no final rule, the regulation still provides up to 60 days, and USCIS's H-1B page still describes them. Comments close November 10, 2026. The proposal does not say when a final rule would take effect.

If a final rule adopts it as proposed

  1. There would be no grace period after a job ends for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers, or for their dependents.
  2. You and your dependents would be treated as failing to maintain status from the day after your employment ends, unless you are otherwise authorized to stay. DHS writes that you would have to depart on the day your employment ends to avoid those consequences.
  3. DHS expects that some people would leave the United States. It writes that someone who has gone abroad can be readmitted for employment if a new employer's petition is approved and they are admissible.
  4. The rule for a compelling circumstances EAD would no longer refer to the grace period (8 CFR 204.5(p)).
  5. The proposal does not say how it would treat someone already inside a grace period on the day a final rule takes effect.

What to do now

  1. Work out your dates under the current rule with the calculator above, and keep your last day of employment, your last pay date and your I-94 date in writing.
  2. If you have notice of a layoff and are still employed, start the search now. Under the proposal, the time before your last day would be the only window.
  3. Ask a new employer early how soon its immigration counsel can file your petition, rather than planning around day 60.
  4. Talk to an immigration attorney before your last day if you can, about a new petition, a change of status or a dependent status.
  5. Check the Federal Register for a final rule before you rely on 60 days. This section was checked on October 30, 2026.
  6. To comment on the proposal, use docket USCIS-2026-0364 on regulations.gov by November 10, 2026.

Sources

Checked by Careery on October 15, 2026.

The rules

In plain words.

  1. After an H-1B job ends, you may be considered to keep your status for up to 60 consecutive calendar days, or until your I-94 ends if that comes first.
  2. The 60 days start the day after your employment ends, which USCIS usually takes to be the last day you are paid.
  3. By the last day, a new employer files an H-1B petition for you, or you file to change to another status, or you leave the United States.
  4. If you are eligible for H-1B portability, you can start working for a new employer once USCIS receives its nonfrivolous petition.
  5. You cannot work during the grace period unless you are authorized another way, and leaving the United States ends it.
  6. It is discretionary, and available once per petition validity period. USCIS decides whether to grant it when it decides your next filing.
  7. DHS proposed removing the grace period on September 11, 2026. As of October 30, 2026 it is still only a proposal, so the rules above apply.

Sources

Checked by Careery on October 15, 2026.

Not legal advice. This calculator does arithmetic on the dates you enter. It is not legal advice. Your I-94, your final pay date and how USCIS exercises its discretion decide your real dates, and the rules may change. Talk to an immigration attorney about your own case before you rely on a date.

FAQ

Questions people ask next.

When does the H-1B grace period start?

The day after your last day of employment. USCIS typically takes that to be the last day for which you are paid, which can be later than your last day at work if you are paid through a notice period.

Can the grace period be shorter than 60 days?

Yes. It ends on your I-94 Admit Until Date if that comes before day 60. USCIS can also decide not to grant it, since it is discretionary.

Can I start a new job before the new petition is approved?

If you are eligible for H-1B portability, you can start once USCIS receives the new employer's nonfrivolous H-1B petition. Confirm it with the employer's immigration attorney.

Is the 60-day grace period being removed?

DHS proposed removing it on September 11, 2026 (91 FR 57807), with comments open until November 10, 2026. As of October 30, 2026 no final rule has been published, so the current rule applies. If a final rule adopts it as proposed, workers and their dependents would be treated as out of status from the day after employment ends, unless otherwise authorized to stay.

What should I do now, while the proposal is pending?

Work out your dates under the current rule, start the search while you are still employed if you can, ask a new employer early how soon it can file your petition, and talk to an immigration attorney before your last day. Check the Federal Register for a final rule before you rely on 60 days.