Can I Take a Work Break Over 60 Days While Waiting for My Priority Date?

If you’re waiting for your priority date to become current for an employment-based green card, you might wonder if you can take a break from work for more than 60 days or if you need to keep working without interruption. This guide will help you understand the rules about continuous employment, the 60-day grace period, and what happens if you stop working while waiting for your priority date. By the end, you’ll know what steps to take to protect your immigration status and avoid common mistakes.

What You’ll Accomplish with This Guide

• Learn if you can take a break from work while waiting for your priority date
• Understand the rules for continuous employment and the 60-day grace period
• Get a clear, step-by-step process to stay in good standing
• Find out what documents you need and where to get them
• See timelines, costs, and common mistakes to avoid
• Know your next steps to keep your green card journey on track

Eligibility Requirements: Who Needs to Worry About Continuous Employment?

If you’re in the United States 🇺🇸 on an H-1B visa and waiting for your priority date to become current for an employment-based green card, you must pay close attention to your work status. The rules are especially important for:

• H-1B visa holders (specialty occupation workers)
• People with approved I-140 immigrant petitions waiting to file Form I-485 (adjustment of status)
• Anyone relying on employer sponsorship for their green card process

If you’re in another valid status (like F-1 OPT or H-4), your situation may be different, but most employment-based green card applicants are on H-1B visas.

Step-by-Step Process: How to Stay in Status While Waiting for Your Priority Date

1. Check Your Current Visa Status
   • Make sure you’re in valid H-1B status or another nonimmigrant status.
   • If you’re not sure, review your latest approval notice (Form I-797) or ask your employer’s HR department.
2. Understand the 60-Day Grace Period
   • If your job ends, you have up to 60 days to find a new employer, change status, or leave the United States 🇺🇸.
   • This grace period is not a free pass to stay unemployed for longer than 60 days. After 60 days, you risk losing your status.
3. Maintain Continuous Employment
   • To keep your H-1B status, you must have an active employer-employee relationship. This means your employer controls your work and pays you the required wage.
   • Short, approved leaves (like vacation or medical leave) are usually fine, but long unpaid breaks or quitting your job can cause problems.

1. Monitor Your Priority Date
   • Your priority date is the date your employer filed your I-140 petition. You can check the Visa Bulletin each month to see if your date is current.
   • The priority date itself does not expire, but you must be in valid status when you file Form I-485 (adjustment of status).
2. File for Adjustment of Status When Eligible
   • Once your priority date is current, file Form I-485 as soon as possible. You must be in valid status on the day you file.
   • If you lose your H-1B status before filing, you may have to leave the United States 🇺🇸 and apply for your green card from abroad.

Required Documents and Where to Find Them

To prove continuous employment and maintain your status, you’ll need:

• H-1B Approval Notice (Form I-797): Shows your current H-1B status. Find more info here.
• I-140 Immigrant Petition Approval: Confirms your priority date.
• Recent Pay Stubs: Prove you’re being paid by your employer.
• Employment Verification Letter: Shows you’re still working for your sponsor.
• Form I-485 (Application to Register Permanent Residence or Adjust Status): Official form and instructions.

For more details on H-1B rules, visit the USCIS H-1B Specialty Occupations page.

Timelines and Costs

• 60-Day Grace Period: Starts the day after your last day of work if your job ends.
• H-1B Extensions: Must be filed before your current status expires.
• Adjustment of Status (Form I-485): File as soon as your priority date is current.
• Typical Costs:
  • Form I-485 filing fee: $1,140 (as of 2025)
  • Biometrics fee: $85
  • Attorney fees: Vary, but often $1,000–$3,000 for adjustment of status help

Common Pitfalls to Avoid

• Taking a Break Longer Than 60 Days: If you stop working for more than 60 days without another valid status or employer sponsorship, you risk losing your H-1B status. This can block your ability to file Form I-485 in the United States 🇺🇸.
• Assuming the Priority Date Protects Your Status: Your priority date stays valid, but you must be in lawful status to adjust status. Losing status means you may have to leave the country and restart the process.
• Not Keeping Proof of Employment: Always keep pay stubs, employment letters, and approval notices. You may need to show these to USCIS.
• Ignoring Policy Updates: As of August 1, 2025, there are no new rules allowing longer breaks. The 60-day grace period is still the limit.
• Not Consulting an Attorney for Complex Cases: If you have special circumstances (like medical leave or switching to another visa), get legal advice.

Next Steps: What Should You Do Now?

• Stay Employed or in Valid Status: Keep working for your H-1B sponsor or make sure you have another valid status if you need a break.
• Track Your Priority Date: Check the Visa Bulletin every month so you’re ready to file Form I-485 when your date is current.
• Prepare Your Documents: Gather pay stubs, approval notices, and employment letters now.
• Act Quickly During the Grace Period: If your job ends, use the 60 days to find new employment, change status, or prepare to leave the United States 🇺🇸.
• Consult a Qualified Attorney: For any doubts or special situations, professional advice can help you avoid costly mistakes.

Key Takeaways

• You cannot take a break from work longer than 60 days without risking your H-1B status.
• Continuous employment or valid status is required until you file Form I-485.
• No recent policy changes have extended the 60-day grace period.
• Losing status can delay or block your green card process.

As reported by VisaVerge.com, maintaining continuous employment or valid status is the safest way to keep your green card journey on track while waiting for your priority date. For the latest official information, always check the USCIS H-1B Specialty Occupations page.

By following these steps and staying informed, you can protect your status and move forward with confidence as you wait for your priority date to become current.