When Does the H-1B 60-Day Grace Period Start? (Layoff Clock Explained)
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Not yet verified against official sources — figures may be out of date · against USCIS — H-1B Specialty Occupations · How we check facts
If you were laid off on an H-1B, the most important date is not when you got the news — it is your last day of employment. Under 8 CFR 214.1(l)(2), you may get a grace period of up to 60 consecutive days, or until your I-94 ends if that comes first. This guide explains how to find your start date and what counts. It is educational information, not legal advice; confirm your dates with an immigration attorney.
The short answer
The clock generally starts the day after your employment ends — your last day on payroll as reported by your employer, not the day you were told about the layoff.
It lasts up to 60 consecutive days, but never past the end date on your I-94. It is available once per authorised validity period, and USCIS can shorten it at its discretion.
How to find your real start date
1) Ask HR to confirm your official last day of employment in writing. 2) Download your I-94 from the CBP website and note its end date. 3) Enter both into the free H-1B grace period calculator to see your last safe day.
Garden leave and severance can change the answer: if you stay on payroll during notice, your employment may not have ended yet. If you receive a lump-sum severance after your last day, it usually does not extend status. Ask your attorney how your employer's arrangement is treated.
What you can do before the clock runs out
Within the grace period you can have a new employer file an H-1B petition for you, file to change to another status (such as B-2, F-1 or H-4), apply for a compelling-circumstances EAD if eligible, or leave the US.
Use the H-1B layoff checklist to plan each week, and check any new employer's filing record before you invest time in their process.
Frequently asked questions
Does the 60-day H-1B grace period start on my notice date?+
Generally no. It starts after your last day of employment. Get that date confirmed in writing by your employer.
Can the grace period be longer than 60 days?+
No. It is up to 60 days and can be shorter if your I-94 ends sooner.
Where can I check my exact dates?+
Use the free AlternateVisa H-1B grace period calculator at /tools/h1b-grace-period-calculator, then confirm with an attorney.
Official sources
Related: grace period calculator · H-1B hub · check an employer