Glossary · Concepts & rules
60-day grace period
8 CFR 214.1(l)(2): up to 60 days (or until I-94 expiry, whichever sooner) after your last day worked to file a transfer, change of status, or depart.
The grace clock starts the day AFTER your last day physically worked — NOT the end of severance. Severance pay does not extend H-1B status. Up to 60 calendar days, capped by your I-94 expiration if sooner. Inside the window you can: file an I-129 transfer with a new employer (work-authorized the day USCIS receives it), file an I-539 to a different status (H-4, F-1, etc.), or depart the US in good standing. After Feb 2025, USCIS has been issuing NTAs (Notices to Appear) inside grace periods on denied filings — watch out.
Sources & official references
- 8 CFR 214.1(l)(2)— 60-day grace period for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN nonimmigrants whose employment ends.
- USCIS — Options for Nonimmigrant Workers Following Termination— Official USCIS guidance on the 60-day grace period and post-termination options.
Related terms
I-94
The arrival/departure record that proves your authorized stay in the US — pulled at i94.cbp.dhs.gov.
Portability (INA §214(n))
You can begin work for a new H-1B employer the day USCIS RECEIVES the I-129 — no need to wait for approval.
I-539 (Change/Extend Nonimmigrant Status)
The form you file to change from H-1B to H-4, F-1, B-2, or to extend nonimmigrant status without leaving the US.
NTA (Notice to Appear)
The document that initiates removal proceedings in immigration court.
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