Form I-290B after a denial: motion to reopen, motion to reconsider, or appeal
9 mins read | Oct 16, 2026
If you were just laid off on an H-1B, the clock that matters is the 60-day grace period. It gives you up to 60 consecutive calendar days after your employment ends, or until your I-94 expires, whichever comes first, to line up a new employer, change your status, or leave the U.S. without falling out of legal status. Your last day of work starts the count, so the first move is to write down that date and the date printed on your I-94.
This guide walks the H-1B grace period after termination the way you would actually use it: the clock first, then your options in order, then the details that decide which one fits. The 60-day rule is stable regulation, so you can plan around it. For the full picture of the visa itself, see our H-1B visa guide.
The clock: what the 60-day grace period is
When your H-1B employment ends, a discretionary grace period lets you keep your nonimmigrant status for up to 60 consecutive calendar days, or until the end of your authorized validity period, whichever is shorter. In plain terms: you get 60 days or your I-94 expiry date, whichever arrives sooner. If your I-94 has only 20 days left when you are laid off, your window is 20 days, not 60.
The same grace period applies across several work categories, so a spouse or a colleague on a different visa is on the same footing. It covers workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications, along with their dependents. The window is meant for exactly this moment: a bridge to your next lawful step rather than a period to simply wait out.
Two things to settle on day one. First, confirm your actual last day of employment, since cessation of employment, not the day you clear out your desk, starts the count. Second, read your I-94 record to see whether 60 days or the I-94 date is the real deadline. You can retrieve your most recent I-94 from the U.S. Customs and Border Protection I-94 website.
Your options inside the window, in order
Inside the grace period you have four realistic paths. Most people work through them roughly in this order, from the one that keeps you employed to the one that ends your stay.
- A new employer files an H-1B change-of-employer petition (portability). This is the most common exit from the window. Once a new employer files a nonfrivolous H-1B petition on your behalf, you can begin working for them, which we cover below. This is the path that keeps your career and your status moving at the same time.
- Change of status to another category. If a new H-1B job is not lined up, you can file a timely change of status to a different nonimmigrant category you qualify for, such as F-1 to study or O-1 if you meet that bar. Filing before your grace period ends is what preserves your lawful stay while USCIS decides.
- Change to a dependent status. If your spouse holds a qualifying status, you may change to a dependent category such as H-4 or L-2. Some dependents can later apply for work authorization, so this can keep both your status and, in some cases, your ability to work intact.
- Depart the U.S. If none of the above fits inside the window, leaving before day 60 (or your I-94 date) keeps your record clean and protects future visa applications. Overstaying does the opposite, so a planned departure is a real option, not a failure.
You do not have to pick one and commit blind. Several of these can be prepared in parallel while you interview, and a conversation with an attorney early in the window is how most people avoid a filing mistake that costs them status.
Not sure which path fits?Answer a few questions and see which U.S. visa options match your situation.
How H-1B portability lets you start sooner
The detail that saves the most time is H-1B portability. You do not have to wait for the new petition to be approved before you start the new job. Under portability, once your new employer properly files a nonfrivolous H-1B change-of-employer petition, you may begin work for them right away, while the petition is pending.
That matters because approvals can take weeks or months, and you cannot afford weeks of unpaid limbo when the grace-period clock is running. Portability lets the new job and the paperwork move at the same time: you are working and earning while USCIS reviews the transfer. The mechanics of the transfer filing, from the documents to the timeline, are laid out in our post on the H-1B visa transfer process.
To use portability cleanly, the petition should be filed while you are still in a valid period, which the grace period preserves, and you must have been lawfully admitted and not worked without authorization. Get the new petition filed inside the window, keep the receipt notice, and you have both a job and continued status.
Using B-1/B-2 as a bridge
If you need more time in the U.S. to wrap up a move, sell a home, or attend to family before you leave or restart work, a timely change of status to B-1/B-2 can extend your authorized stay. It buys breathing room past the 60 days when you file before the grace period ends.
The line to hold clearly: B-1/B-2 is a visitor status, so you cannot work on it. It keeps you in lawful status while you handle personal matters or plan your exit, but any employment, including remote work for a foreign employer while you sit in the U.S., is off the table. For a full picture of what the status does and does not allow, see what you can and can't do on a B-1/B-2.
Use this bridge when your goal is time and orderliness rather than continued work. If your real aim is to keep earning, portability or a work-authorized change of status is the better fit.
What resets, and what does not
A common question is whether the grace period refills each time you change jobs. The rule to remember: the 60-day grace period is generally available once per authorized validity period. Think of it as tied to your current stretch of authorized stay, not something you earn fresh with every job change.
In practice, that means you should not count on a second full 60 days later in the same validity period if you have already used the window once. And your I-94 date is a hard ceiling regardless: if it expires before day 60, your window closes then. This is exactly why the ordered moves above are worth starting early rather than waiting until week seven.
Tukki is a U.S. immigration provider focused on employment-based visas and green cards, with dedicated attorney support and full case visibility from filing through approval. If you were just laid off on an H-1B and need to act inside the grace period, our team can map your options fast and file the right one before the clock runs out. Book a call and we will walk through your specific window.