Maintaining Legal Status Between Jobs: A 60-Day Grace Period Guide

(UNITED STATES) Maintaining your legal status in the United States after job loss is stressful, especially if you’re here on an H-1B or another temporary work visa. The most important rule to keep in mind is the 60-Day Grace Period that many workers get after their employment ends. During this short window, your choices and timing will decide whether you can stay, transfer to a new employer, or need to leave the country.

This guide walks through the full timeline, step by step, and explains what to expect from both you and U.S. immigration authorities at each stage.

According to analysis by VisaVerge.com, many skilled workers lose options not because the law blocks them, but because they don’t act quickly enough during these grace periods. The rules are strict, but if you move fast and keep clear records, you often have more room to plan than it first appears.

Day 0: Last Day of Employment and What It Triggers

Your timeline starts the day your employer ends your job. For H-1B, L-1, O-1, E-1, E-2, E-3, TN, and H-1B1 workers, Department of Homeland Security policy allows up to a 60-Day Grace Period or until the end date on your I‑94 record, whichever is shorter.

This grace period is discretionary, not guaranteed. An officer can later review your case and decide whether to honor it. To help show you qualify, you should:

• Save the termination letter or email
• Keep final pay stubs and any severance agreement
• Note the exact date your job officially ended

From this day, you’re no longer working, but you are typically allowed to stay in the country while you decide your next move, provided you remain within the grace period and file any new applications on time.

Days 1–10: Immediate Choices and Short Extra Time

There is also a separate 10-day grace period for many nonimmigrant workers, but in practice most people focus on the single 60-Day Grace Period since it is the broader protection covering the post-termination period for many employment categories.

During the first 10 days, you should:

• Confirm the end date on your I‑94 using your passport details on the CBP website
• Talk with potential new employers, especially if you are in H-1B status and want to use H-1B portability
• Decide whether your likely path is a new job, a change of status, or departure

If your I‑94 expires sooner than 60 days, that earlier date controls. You cannot extend your stay past your I‑94 end date based solely on the grace period rule.

For official background on grace periods, see the USCIS guidance: USCIS Policy Manual – Volume 2, Part A, Chapter 3.

Days 1–30: Moving Fast on H‑1B Portability

If you’re in H-1B status and want to keep working in the United States, H-1B portability is often the strongest option. Under this rule, a new employer can file a new H-1B petition for you, and you can generally start working for them as soon as USCIS receives the filing, not after approval, provided:

• You were in valid H‑1B status when your last job ended
• You have not been out of work for more than 60 days
• The new employer files a nonfrivolous petition on time

The new employer’s process typically follows these steps:

1. Labor Condition Application (LCA)
   • Employer files an LCA with the Department of Labor.
   • Certification normally takes about 7 business days if complete and accurate.
   • Employer must then post the LCA for 10 consecutive business days at the worksite or internal site.
2. Filing the H‑1B petition (Form I-129)
   • After LCA certification, the employer files Form I‑129 with USCIS for your new H‑1B job.
   • When USCIS issues the receipt notice, you may begin work under H‑1B portability, so long as the filing occurred within your 60-day window.

You can review official instructions here: Form I-129, Petition for a Nonimmigrant Worker.

During this period your main tasks are:

• Respond quickly to HR or attorney requests
• Provide prior approval notices and I‑94 records promptly
• Keep proof of the petition filing date and the USCIS receipt date

Day 30–60: Back‑Up Plans if No New Job Is Ready

If you don’t have a firm job offer and a portability filing by around day 30, the clock tightens. You may still be able to file for a change of status or prepare to leave the United States before your authorized period ends.

Option 1: Change of Status to B‑2 Visitor

A B‑2 change of status can give you more time to plan inside the U.S., but it does not authorize employment.

Typical steps:

• File Form I‑539 with USCIS before your 60-day grace period ends
• Provide a clear explanation (e.g., wrapping up affairs or seeking time to look for jobs without working)
• Demonstrate financial ability to support yourself without employment

USCIS often examines B‑2 “bridge” requests carefully, especially if they suspect the applicant is simply trying to extend their stay until another job appears. To return to work in H‑1B status later, you may need to leave the country and re-enter after a new employer’s petition is approved.

Official form and instructions: Form I-539, Application to Extend/Change Nonimmigrant Status.

Option 2: Filing for Adjustment of Status (Green Card)

Some workers may be eligible to pursue a green card during this same period — for example, through marriage to a U.S. citizen or an employer-sponsored immigrant petition that has reached the right stage.

Key points:

• You may file Form I‑485 to adjust status to lawful permanent resident while in authorized stay.
• Typical processing timelines: EAD (work authorization) and advance parole often arrive in 6–8 months; final I‑485 decisions usually take around 8–14 months.
• The critical action is filing the I‑485 while you are still in an authorized period of stay (including within the grace period).

Official guidance: Form I-485, Application to Register Permanent Residence or Adjust Status.

When You Must Leave: Planning Departure and Possible Return

If none of the above options are feasible — no new H‑1B filing, no timely B‑2 change, and no adjustment filing — you must depart the United States before your grace period or I‑94 end date. Remaining past that date creates unlawful presence, which can lead to future re-entry bars.

Practical steps to plan departure:

• Book travel that ensures you depart before the 60-day period or I‑94 end date (whichever is earlier)
• Keep proof of departure (boarding passes, passport stamps)
• Consult an immigration lawyer before attempting any quick re-entry, especially if you receive a job offer later

If you secure a new H‑1B job from abroad, your employer can file a petition and you can apply for a visa stamp at a U.S. consulate before returning.

Good Documentation Habits Throughout the Process

From the moment your job ends until you leave or change status, maintain a strong paper trail. This helps if USCIS later questions whether you qualified for the 60-Day Grace Period or properly used H-1B portability.

Keep:

• Termination letters or emails
• Final pay stubs and severance documents
• Copies of all I‑94 records and prior approval notices
• USCIS receipt notices for any Form I‑129, Form I‑539, or Form I‑485 filings
• Notes of key dates (last working day, filing dates, receipt dates)

These records can protect you years later when applying for another visa, a change of status, or a green card.

What to Expect From USCIS and Employers

Set realistic expectations during this process:

• USCIS does not “pre-approve” your grace period ahead of time. They evaluate your eligibility when you later file (for example, an H‑1B transfer, B‑2 change, or I‑485).
• Officers can deny a case if they conclude you stayed past your grace period or did not qualify.
• Employers may move slowly on LCAs and signatures, so press politely for quick action when you are close to day 60.

Many workers feel powerless after job loss, but you still control how quickly you respond, what you file, and how well you document your story. With careful timing and clear steps, the period between jobs doesn’t have to end your stay in the United States.

Quick Checklist (Action Items by Day)

1. Within Days 0–10:
   • Confirm I‑94 end date on CBP site
   • Save termination documents and pay stubs
   • Start conversations with potential employers
2. Within Days 1–30:
   • If pursuing H‑1B portability, ensure employer files LCA and then Form I‑129
   • Provide prior approvals and I‑94s to new employer/attorney
3. Within Days 30–60:
   • Consider filing Form I‑539 for B‑2 if you need time to plan
   • If eligible, file Form I‑485 to preserve adjustment of status eligibility
4. If no filings made:
   • Book timely departure and retain travel proof

Keep all documentation organized and consult an immigration attorney when in doubt.