Home » US Immigration - Visas » H1B Visa » H1B Grace Period 60 Days USCIS Rule – Job Loss, You Quit, H4 EAD, FAQs

H1B Grace Period 60 Days USCIS Rule – Job Loss, You Quit, H4 EAD, FAQs

Many companies do layoffs due to changes in strategy, cost-cutting measures, mergers, or due to downturns in their business. In such cases, employees lose their jobs and some of them could be H1B holders as well. In those cases, H1B employees need to think of their options and how it works.

In the past, there was no concept of a grace period for such H1B holders, who lose jobs. They would go out of status upon job termination or layoff…But, in Jan 2017, USCIS introduced a new set of rules with grace period provisions to help certain employment-based non-immigrants such as H1B holders during layoffs. This article will review the details and FAQs of the official rules on the same.

What is the 60-day grace Period Rule as per DHS? H1B, Other Visas?

As per Dept. of Homeland Security(DHS) regulation that came into effect in Jan 2017, certain non-immigrant visa holders, like H1B Visa, L1, and others, can get a grace period of up to 60 days, if they lose their job due to layoff or any other unforeseen reasons, before the end of their relevant USCIS petition validity.

These non-immigrant visa holders, like H1B Visa, L1 Visa, and others, can use the 60-day grace period to find another job or change their visa status to another status.

 The 60 days grace period is applicable for non-immigrant workers in the US, working and maintaining status in visa categories as listed below

  • H1B Visa, H1B1 Visa
  • E1, E2 and E3 Visas
  • L1 Visas
  • O1 Visa
  • TN Visa.

The reason for giving the grace period is for job portability for the employees to be able to find relevant work and continue their employment as their employment period ended before the completion of the given duration in their actual approval notice.

Below is the official rule text screenshot.

H1B Visa Grace Period 60 Days USCIS Official Rule Reference
H1B Grace Period Official Rule Text

What is the H1B Visa grace period with I-94 expiring before 60 days?

The regulation at 8 CFR 214.1(l)(2) clarifies the situation with I-94 expiration date that is earlier than the H1B petition approval notice.  It says “ The visa holder gets 60 Days of the grace period or until the end of the authorized validity period of their status(basically I-94 end date), whichever is shorter”.

So, if your I-94 or petition end date is before 60 days from your job loss or layoff, then your grace period is shortened until the expiration of your I-94 date. Below is the screenshot of the official rule text on the same. See the below-highlighted text in green and purple.

H1B Visa 60 Days Grace Period with I94 Expiration Rule
H1B Grace Period with I-94 Expiring before 60 days

What does a grace period of 60 days mean for H1B holders with Job Loss?

The grace period, which is a maximum of 60 days for H1B, L1, and other visa holders means that they will be considered in “valid status” (read US Status vs Visa ) and not considered ‘out of status’ for the entire 60 days duration. It is important to be considered to be in status for H1B Transfer and stay in the US without any violations.

In general, you need to be in ‘valid status’ in the US to file any petitions with USCIS for an extension or change of status(COS) to be approved with I-94 to continue to stay in US.  The 60 days grace period (or two months) gives the H1B, L1, and other visa holders to be in legal status to find another employer to file an H1B petition as a transfer or change of status(COS) to another visa as needed.

Did you lose your job on H1B Visa, and now in 60 days grace period? You can speed up your Job Search by using the H1B Sponsor Checker Chrome Extension to check if a company sponsors H1B or not directly on Job Search Sites like LinkedIn or Indeed.

Is the 60-day grace automatic? USCIS Discretion?

As per regulation, the 60 days grace period for H1B or L1 holders is not automatic, but discretionary. What it means is that DHS/ USCIS has the full right to eliminate or shorten the grace period based on a case-by-case basis.

As per the official H1B grace period rule, it says “DHS may eliminate or shorten this 60 days grace period as a matter of discretion”. So, you cannot take it for granted. See the red highlighted text in the above screenshot.

Why would USCIS reduce the 60 grace period?

USCIS does not give details on why they would eliminate or shorten the grace period for H1B holders. Having said that, some of the common reasons that USCIS could use to reduce or end the grace period is for situations involving unauthorized employment, fraud, or criminal charges tied to the H1B holder. As long as you do not engage in any of these kinds of activities, you should get full 60 days grace period.

How to request 60 days grace period for H1B, L1, and E3 visa holders?

There is no special form required for requesting a grace period. It is pretty much a standard process when you apply for transfer, in addition to standard documents, you would put in paperwork related to job loss, layoff or resignation. Basically, you would submit a cover letter explaining your situation of Job loss, with supporting documentation, when you file for an H1B Transfer or Change of Status application with USCIS. This way, they would consider your status valid, even if you do not have pay stubs.

How many times can you use the 60 days grace period ?

H1B, L1, E3, and other visa holders can only use the 60 days grace period ONCE for H1B petition validity period. What it means is that, let’s say you are working for Employer A, you get 60 days grace period for the H1B validity with Employer A. Now the catch is, if you quit or got laid off from Employer A and plan to re-join Employer A, lets say after 30 days during your grace period, then you do not get another 60 days grace period with Employer A as the same H1B petition will be used. 

Unlike, if you transfer to Employer B, then as you have a new H1B petition with new validity period, you get another 60 days grace period. You may watch below short video as well.

You can watch the YouTube Video Explaining the 60 Days Grace Period

Do I get a 60 days grace period, if I quit or resign the job, instead of Layoff?

The regulation does not differentiate between layoff, job loss, termination, resignation or quitting the job. So, technically 60 days grace period should be available to all H1B, L1 and other visa holders, who either submit a resignation or quit, instead of layoff.  Having said that, USCIS has the discretion to decide or reduce the grace period, based on your case and circumstance as it cannot be taken for granted automatically.

Can we just resign and automatically get 60 days grace period?

Though the regulation does not differentiate between job loss vs. resignation or quitting the job, it has to be noted that the 60 days grace period is USCIS/DHS Discretion and not automatic. The original intent of the rule was to help highly skilled non-immigrants in dire situations.

If USCIS is not convinced and they may not issue you 60 days grace period or make it shorter, thereby making your stay “out of status”. So, it is NOT recommended to take the H1B grace period rule for granted and resign job and apply for transfer later…discuss with your attorney before you make any such decisions.

What if I exceed 60 days grace period with H1B Transfer?

Well, technically you are considered to be in valid status until you hit the 60 days grace period mark or expiration of I-94. Once you go past 60 days, your status is no longer valid and you are considered as ‘Out of Status’.

Let’s say you apply for H1B transfer and get the USCIS receipt on day 60, you can still start to work from day 60 and it will be fine, but if you do not have the receipt on 60th day, you are entering a tricky zone and you should talk to your attorney and decide. Ideally, the safest thing to do is leave and re-enter the US. It is always recommended to go for premium processing, if available, in situations like these.

Can H1B dependents on H4 EAD work during 60 days Grace Period?

In general, you need to be in a valid status to continue working. During 60 days grace period, the H1B holder is technically in status, hence H4 Visa holder is also in status. So, logically, an H4 holder with valid EAD may be able to work during the grace period. But, the tricky part is, USCIS regulation clearly tells that H1B holders cannot work during the grace period, but does not give any guidance on H4 holders working on EAD. So, it is a grey area and you need to discuss it with an attorney to be sure. 

Why is it risky not to work during the grace period: As USCIS mentioned, the 60 days grace period is discretionary and not automatic, you need to be very careful. If let’s say USCIS does not give you 60 days grace period or shortens it, then the H1B holder would not have been in status, so the H4 visa holder would also not have been in status…so, you would have done unauthorized employment on H4 EAD as there was no grace period for you as well…so, it can be tricky, so, the suggestion is to either stop working on the day your H1B spouse loses job, to avoid issues as it is subjective or discuss your case with your immigration attorney and act accordingly. Better safe than sorry!

Other Common FAQs

When does the 60 days grace period start, when you lose your job?

It starts on the day the layoff is done or job is terminated…or you resign. It is not tied to your payment cycle like the 1st or 15th of the month. As soon as you get a notice that your job is terminated, your grace period starts from that day. You need to make sure all of the documentary evidence is submitted during the H1B Transfer or Change of Status.

Can I carry forward the unused 60 days Grace Period, and use in future?

No, you cannot carry forward the unused grace period from 60 days and use it another time. As mentioned above, you can use it only once per petition validity period and cannot use it again in chunks as needed.

Can you do part-time work during 60 days Grace Period?

No, you cannot work part-time or engage in any sort of unauthorized work during the 60 days grace period.

When Can I Start working during Grace Period with H1B Transfer?

You can start working for the New Employer, as soon as you have received the USCIS Receipt Number. E.g. If you lose your job and you filed for H1B transfer with a new employer and got a receipt after 20 days during the grace period, you can start working right away after you have the receipt number from USCIS. You do not have to wait for the completion of 60 days grace period.

Do I get 60 days grace period, if my H1B or L1 are denied?

No, you do not get any 60 days grace period, if your H1B or L1 petitions are denied by USCIS. The grace period is applicable only for cases, where the employment ends earlier than the H1B or L1 petition validity period.

Can I travel outside of the US during 60 Days grace period and re-enter?

You may travel outside of the USA in the grace period, but you cannot re-enter as you will need a valid visa to re-enter. Unless you have a valid visa for a different status, you cannot re-enter. The grace period can be used to settle up your affairs in the US and move out or to find another employer and get your status extended using transfer.

How does H1B /L1  grace period impact my Visa Stamp? Re-use the same?

Your visa stamp in your passport has no impact on the H1B/L1  grace period or your employment termination. You can use your H1B or L1 visa stamp to re-enter the US by showing the new H1B /L1 Approved petition approval notice (I797 approval notice) from USCIS. No need to go for stamping again.

What are your thoughts on the H1B, L1 Grace Period of 60 Days? Your experiences

ReferencesUSCIS Non-Immigrant Visa Changes Regulation – 2017  , USCIS H1B 60 Day End Date Regulation 2017


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  2. Hi Kumar,

    Thank you for this article. My 60-day grace period ended on 29-Aug-2023 but I can stay legally while my I-485 marriage-based Adjustment of Status is in progress.

    Now, will the new employer be able to file for the H1B transfer after the 60-day grace period has ended as I have maintained legal status here in the USA based on pending I-485?

    (My H1B started from Oct-2020)

  3. If my H1B petition is filed within the 60 day grace period and I received my receipt number, do I need to join the job and start running the payroll within 60 days or I can join the job at a later point also (say after 65 days) and still stay in the US post 60 days with receipt number without working for new employer ?

  4. Hi Kumar,

    Great to find this article and comments with helpful answers.

    I got laid-off from my previous employer and about to exceed 60-days of grace period on H1B.

    1. After 60-days of H1B grace period lapse and in “out of status” overstay in US for a spouse of US citizen, the new H1B application would be filed from consulate in US or home country? I’ve an I-140 approved from a previous employer.

    2. For filing purpose I’ve valid dates for I-94, visa stamping to share with new employer in future, but will this H1B application be a completely fresh one?

    • Damaha,
      1. Your question is slightly confusing…Technically, you are applying H1B petition/application as consular processing and get stamping from your home country.
      2. I-94 date is of no relevance, if you do not maintain your status and have a job relevant to H1B with proper sponsorship. It will be a new one, if you find a new employer and you transfer h1B.

  5. Hi Kumar,
    It seems that USCIS now allows (at least from December 2022) to do COS from H1B to B1/B2 after job loss to extend the status beyond 60 days grace period so that one can search for job while COS is pending and after it gets approved. One prominent immigration law firm also suggests that. Just wanted to see your opinion as to if it is a prudent option for now and future?

  6. Hi, thanks for the article!

    I am working on H1b Visa and I had a question.

    1. If I fail to get other job during the 60 day grace period, I go back to India and find another job after the 60 day grace period, do I need to go through the H1b Lottery again? Or I only have to go through the lottery once.

    • I’m here to share a brief testimony of how I won the lottery any times I tried so hard to win the lottery but I failed, until a friend of mine told me about Dr Benjamin who had helped her strike a jackpot, when I first contacted him I was so skeptical about it but after he assured me that he will help me win, my hope came alive. The follow day he undergone me through some processes which I did with utmost trust and diligence, he gave me some lottery numbers and instructed me to purchase a lottery ticket, later that same day I purchased $50 ticket for the 500X The Cash scratch-off game and hit on one of its 160 prizes of $1 million. The Lottery said he chose to receive his winnings as a one-time, lump-sum payment of $820,000 and bought the ticket from  Riverwalk BP at 1304 Prudential Drive and I won the sum of $1,000,000. All thanks to Dr Benjamin for making my dream come through, he can help too contact him today at drbenjaminlottospell711@gmail.com You can visit his website for more info https://dr-benjamin.com

  7. Hi Kumar ,

    Thanks a lot for this amazing article.

    I have been selected in H1-B CAP lottery this year and I have below questions for H1-B processing through consular notification.
    After my employer’s petition gets approved .
    1. Can I change jobs before stamping(i.e. activating H1-B) ?
    2. What happens to my approved petition or H1-B eligibility in general if I get laid off before before stamping(i.e. activating H1-B) ?
    I understand that I need to leave US and re-enter for this.


  8. Hi Kumar:
    Thanks for the great article. I’m on H1B and the grace period has kicked in due to layoff, I’d like to ask couple questions:
    1. If I leave U.S within 60 days grace period, but if I got an offer while after the 60-day period and outside of U.S, could I still apply for H1B transfer to accept the job offer?
    2. Follow after 1., is there a time-limit?
    3. If I leave U.S within 60 days grace period, and come back to U.S with ESTA or B-2 VISA?
    4. Follow after 3., if I got job offer during ESTA or B-2 VISA, would I be able to accept the job offer and transfer my H1B(leave U.S and reapply H1B before come back to U.S)?

    • Kenny,
      1. Yes, you can. If you have valid stamping, you can use that to re-enter.
      2. No limit. If visa expires, you need to get new H1B stamping to enter US
      3. You can, both have different intent.
      4. Well, ESTA probably not, but just double check. Mayb B2 yes, but not suggested. It is important not to use your B2 and ESTA for job related aspects as it can be tricky at port of entry and can cause issues. Ideally, you should exit and re-enter on H1b to avoid issues. Again, it is intent that they check. You cannot use B2 or ESTA for work or job search.

  9. Hi Kumar,

    Thanks for the great article. I’m currently in the beginning of my 60 day grace period of my L1 valid till next year. My H1B (lottery) got approved but has not been activated yet. Following questions:

    1. Can I transfer the H1B to a new employer even so it was not activated yet?
    2. Could I transfer to a new employer on my L1A as well?
    3. Can I currently travel outside the US and reenter on either L1 or H1B?

    Thanks for your help, Tonia

    • Tonia,
      Sorry to hear about your situation.
      1. Well, this is usually not possible. But, few years ago some had some success. So, worth a shot, if you have a company.
      2. No. Usually L1 is tied to same company.
      3. You can enter on h1B, if you have a company that has a job and have h1b approved from them.

  10. Hello,
    I am on H1B visa from a cap-exempt employer. I resigned from employer “A” last November 14, 2022. I received my release letter from employer “A” on the 14th of November 2022. When I left there, I was able to get a new job from employer “B”. Employer “B” filed a visa transfer 3 days before my 60-day grace period and it was received by the USCIS on the 13th of January, 2023. So, I guess the petition was good because it is still within my grace period. However, my new employer recently told me that they are cap-subject.

    My questions:
    1. Will the petition for visa transfer of my new employer can affect my stay here in the US negatively since I am still here?
    2. Am I allowed to work with my new employer knowing that they are cap subject?
    3. Am I still legally staying here in the US knowing that my new petitioner is a cap subject company?
    4. What is the chance of denial of the visa transfer from H1b camp-exempt employer to cap -subject employer? What should I do when the transfer will be denied?

    4. My previous employer (Employer A)told me through my agency that they filed a notice for revocation of my visa last December 6, 2022. And the agency is telling me that I only have until January 6, 2023 to stay in the US otherwise I will be out of status. They are telling me to go home. But, upon checking my status in the USCIS case status website, it is showing there that my case is still approved until now. My question sir, will the notice for revocation they sent to the USCIS can affect the visa transfer that my new employer filed this January 13, 2023?

    Thank you very much!

    Sincerely yours,

  11. Hi there, I had been granted the H-1B visa, and got it stamped on December 12th. I’m planning to travel on February 4th.

    However, the company just told me (January 20th) that they ran out of funding and will cut the payroll to 0. Technically speaking, I will still get the W2, but no salary. They do that so that I don’t lose my visa status and have time to get another job.

    – Does this trigger the 60-day grace period?
    – Can I be under W2 with no salary?
    – Will I be even approved to enter at the airport?


  12. Dear Kumar,

    It may be helpful for you team to know L&S has successfully filed many H1B change of employer petitions after the 60 day grace period. Sincerely, Donald https://www.litwinlaw.com/articles/i-am-on-an-h-1-visa-and-have-just-been-laid-off/

  13. Hi Kumar,

    I got laid off 2 days back and I’m on L-1B visa. My spouse is on L2 dependent visa working in US. Is she allowed to continue to work in 60 days grace period?

    Also, the 60 day grace period is granted automatically from USCIS or we have to request the same in case we’re not going to do any kind of Visa transfer and just need some more time before we move back to Host country?

    • AG,
      Sorry to hear. Well, this is slightly tricky to work on L2, the reason is that the grace period is not automatic. If they do not grant it for whatever reason, it could be an issue later. When you apply for transfer or COS, you would put in a letter stating your situation and requesting to consider grace period. This is done by the Attorney.

  14. hello,
    i resigned from employer A, with last date of employment of 8/23. Employer B sent me an approved LCA starting 8/29, however they didn’t file for my h1b petition till now due to some miscommunication between attorney and Employer B . Employer B have said that the petition documents have been mailed today to usics and i can start working after receiving the the notice of submission, which im hoping will come in by end of next week. i do have an approved i140 from employer B. i have not requested i140 filing with employer B.

    1. Will i still be eligible for 60 days grace?
    2. What are the chances of petition with employer B will be approved?
    3. Will this gap in my employment history be significant for my future employment?

    thanks in advance.

    • ZBR,
      1. Well, technically you are already in the grace period. It is subjective, but most of the times, should be fine.
      2. This is like any other petition, no one can say. if all is good, you are fine.
      3. No, it will not.

      Stay positive and hope all goes well. Ask them to apply in premium so that you get a decision within 15 days to avoid the hassle of waiting.

      • thanks for your reply Kumar.
        you are doing a great job helping people like me with very less experience is this long process.
        just to update and couple more questions.
        i received a fedex confirmation that the package was delivered 9/20/22. Employer B dont want to file premium processing as their attorney are advising against it.
        1. Since USCIS received the package, is my grace period still ticking? If yes, then when will it stop ticking?
        2. Once approved, do i need to stay with employer B for specific period of time?
        Thanks in advance.

        • ZBR,
          1. Technically yes. It ends at 60 days. Also, you have to be aware that this is discretionary.
          2. Nothing as such.

          If you are in doubt at any point, speak to your attorney and get it sorted out. If you think you are not clear, you can always exit the country and re-enter with your old visa stamp and new approval notice after approval.

  15. Hello,

    Please help!

    I am transferring from a cap-exempt employer to a cap-subject employer this October. I went through the H1B lottery this year, got selected and petition has since been approved with start date 10/1/2022. My current contract with the cap-exempt employer ends 8/31/2022 and I did sign next year’s contract for now. However, I am worried that they might not release me from the contract if I resigned 9/15 with two weeks’ notice because I am the ONLY professional with that set of skills at that specific location. I am wondering if I can resign right now and use the 60-day grace period to ride through 9/1-9/30/2022, until I start my new job on 10/1/2022. Will it impact any of my green card application in the future?

    Thank you so much!

  16. What if one gets laid off while in India working remotely for a couple of months? I got laid off today and have my H-1B dropbox appointment next week. The company is a startup and very likely not to give any extension on payroll. Does the USCIS / Embassy gets the information right away?

    Given the difficulty for visa appointments, my main worry now is:
    (1) to get the visa stamped and
    (2) to be able to travel back and have no problem in the PoE.

    Any idea how quickly the petition cancellation / revocation information reaches these two departments (Embassy/Consulate and PoE/CBP)?

    • Aga,
      Firstly, you should NOT go to stamping without having a job. Also, just having valid stamp does not guarantee entry to the US, you need to have valid employment.
      We do not know, if they report or not immediately.

  17. Hi Kumar,
    Thanks for the informative article
    My wife lost her job yesterday and is in 60 day grace period. She’s looking for employment asap to transfer her H1B.
    1. In the event of unsuccessful attempts, what would be a good time (with in the grace period) for her to change her status to H4 with my H1B?
    2. Is it required to have H4 petition approved in 60 days or just submission is fine?
    3. Do we require to travel to India? or Canada should do?
    4. She is holding a B2 already. Can she use that to leave country and re-enter?

    • Sanju,
      1. Well, sooner the better. Try to do it before the expiration of grace period.
      2. No, just submission is fine.
      3. No.
      4. Only to enter on B2. But, that will not be dependent and intent will change. so should avoid.

      The grace period is not automatic and up to the discretion of USCIS, so beware of that as well.

  18. Hi Kumar, Thank you for answering the questions.
    I lost my job due to Covid in Sep 2020 on H1B and immediately transferred to H4 on the last day. The status on the H4 transfer is still pending due to USCIS taking long time to process applications.

    A new employer (non consulting, non 3rd party, regular employer) recently filed nunc pro tunc H1B and received an RFE (I cannot start till new H1b approved) as ‘provide the persons immigrant status while filing the application’. The attorney said you may need consular processing. I have never been out of any status. Hence are there any risks in consular processing of H1B?

    OR get H4 stamped from consulate and then continue with the process?

    Thanks again,

  19. Hello,
    I lost my job due to COVID situations and my last date with the employer was on Sept 8, 2020. I am still having 28 days of grace period left. Please suggest what can be done from the below options
    1) Can I apply COS to change to a B2 visa, find a job, and then apply for H1 with a new employer?
    2) My husband is on F1 CPT. Can I apply for an F2 dependant visa, find a job, and then apply for H1 with a new employer in case if I can use H1? How long does it take for the F2 process?

  20. Hi
    Thank you for the information. I have a question.
    I was on CAP GAP when my H1 B petition was denied and I stopped working effective the next day afternoon ( as I checked my status the following afternoon and nor the employer was aware of the denial on the previous day). I am seeking COS now to F2. Should working an extra day cause an issue? Do I need to include any document relevant to this issue?

  21. Hi,
    Thank you for the detailed information on this topic.

    I was with Employer A and due to COVID, I was asked to return and support from Offshore. So I resigned my job on July 26 and found a job with Employer B and they have filed Transfer on Sep 10. I started working for employer B with FedEx receipt notice starting Sep 16.

    Could you please clarify on below-

    1. I was told that getting actual receipt may take 10 days. Is it must to get actual receipt notice before 60 days grace period?

    2. I could see that my previous petition (with Employer A) was revoked on Sep 14. I am not sure whether it was done by my Previous employer or USCIS because of new transfer. Does that mean grace period was shortened? Will it impact my status or new job?

    3. Is there a way to check if grace period is shortened or not?

    Thank you!

    • My company went bankrupt and I am currently on the grace period. What happens if I join a company on H1B receipt and then the transfer is rejected? Do I have to travel back to India or I get to continue stay in status on my previous company’s grace period?

      • Titor,
        Well, this can get tricky, the grace period is not automatic, so you should work with an attorney, if any such issue.

  22. Hi Kumar,

    Thanks so much for doing this! I have 2 questions:

    1 – I just got laid off and am in my 60 day grace period. If I cannot find a job within these 60 days, I’ll leave the US. After that, can I continue looking for a job? If I get an offer and my company submits a petition, can I come back to the US on the same visa?

    2 – if after the 60 day grace period I continue staying in the US (my I-94 expires in 2022), I will be out of status. Will this prevent me from getting a job on h-1b? will this affect my green card application in the future? and will my out of status status be reset if I leave the US and re-enter in the future?

  23. Hi Kumar,
    Please help in giving some thoughts
    Employer filed h1b transfer just before 60 days grace period Let’s say 4 days before 60 days ends. Confirmed delivery from fedex as received at USCIS side. Once the receipt notice received its showing 10 days after 60 days period end date. How this can be impacted? what is the best way to tackle it?

  24. Hi,

    Below is my case. Please go through it and possible advise on the right action to be taken in this situation.

    Parent company “P” has two child companies “A” & “B” . I have valid I797 approved till end of 2021 with petitioner “A” . Due to COVID crisis my project was called off. I found a job in company “B”. We have same legal attorney for Company A, B and P.

    As per my company legal attorney advise I had to switch to company B with just an amendment which can be filed once I moved from current location to another location. Due to COVID situation i was not asked to move for now and also they never filed an amendment either. I was terminated in company A and hired by company B in the process during which they did I-9 verification with new company. I have received two paychecks from my new company B.

    Now my attorney and my HR have comeback to me saying that H1 transfer should have been done when moving from company A to company B. They suggested to terminate in company B and move back to company A. My 60 day grace period is over after Company A’s termination

    I certainly believe that this is going to be big red flag in my US employment history.

    1) I already received paycheck from company B for last 2 month. What can I do about that?

    2) I am not working now and past 60 days grace period. I am currently waiting for H1 transfer to be filed to company B but it will take another 2 weeks to file because of LCA. I understand that there is more chances of denial, first I am out of status and staying in the US. second, I have paychecks from company B without filing H1 transfer.
    Can I go back to company A and work with my approved petition after company B denial?

    3) Can I go back to Company A (I hold a valid visa till 2021) and work after 60 day grace period without filing H1 transfer for company B?

    4) I certainly believe that this is going to be big red flag in my US employment history. Please advice how can I avoid future denial?

  25. Hi Kumar,

    Thank you for sharing the information.

    My situation is as follows, Please provide your insights:

    I traveled to India in February and i got my visa stamped in Chennai which is valid until April 2022.

    I traveled back to India again on March 8th and I was unable to travel back to USA due to COVID. Then i was laid off by my employer in April 30 2020 when i was in India .

    Currently I’m staying in India and My visa is cap exempted.. My employer told that they will submit H1b withdrawal request.

    1. Is there any possibility that my visa is still valid or it is revoked/Cancelled? How can i check the same?

    2. what are my options In order to travel/go back to USA?

    Any help would be appreciated. Thank you.

    • Shibin,
      1. No, employer cannot revoke visa. They can only withdraw your H1B visa with USCIS.
      2. You can find a new company, transfer H1B and go to US.

      • Hi Kumar,

        Thanks for your response. Could you please let me know the below?
        1. How can i know the status of the withdrawn visa? Will it be updated with the same receipt number/USCIS case ID of approved visa?
        2. If the same employer is ready to rehire, Is offer letter sufficient to travel back to USA?


        • Hi Kumar,
          I have the same questions!

          Thank you Shibin for the questions.

          Kumar, Thank you again for your valuable inputs and suggestions.


        • Shibin,
          Yes, it will be on USCIS and will have status withdrawn for the same receipt number. It looks like this – Check Withdrawal Status
          Yes and you need to ask them, if they have not withdrawn. Of course, you need valid US visa to enter and all relevant documentation for the same.

  26. Hi,

    I have received approval notice for H1B extension under AC21 after 6 year maxout for 3 more years from Sept 6 2020 to Sept 5 2023. My company got back to me that I will be laid off in 2 weeks that is Sept 15, 2020 with severance pay.

    1. Could you let me know if my grace period starts from Sept 15, 2020?
    2. If I plan on transferring to new company does it mean i need to get the h1b transfer receipt within 60 days of sept 15, 2020?
    3. What are my options if I do not get a job within 60 days of grace period.

    Thanks for your help!

  27. Hi Kumar,

    Thanks for all the help you been doing for us. I have couple of questions here.

    My H1b is valid till 31 Dec 2020. My current project with employer A is ending on 18 Sept 2020.

    1. If I find a project right before my project end date and move to a different client, the employer just has to file for amendment and extension, correct ? Does 240 day rule apply here?

    2. What if I don’t find a project before 18 Sept and find it after 18 Sept, will current employer withdraw the approved petition on 19 Sept ?

    3. Can I move to a different employer B/ client, and file for fresh H1b with extension just before and just after 18 Sept ? Will 240 day rule apply here ?

    4. If i find a project after 18 Sept, is it recommended to file for premium or just regular ?

    Please advice, thanks!

    • Harish,
      1. If it going to be amendment, it will not have 240 days rule.
      2. Well, they need to keep you employed until end of petition…but, if they do not have budget, they can.
      3. It will be classified as a transfer, no 240 days rule for it.
      4. You should go for premium always due to the delays.

  28. Hi Kumar, Thank you for the information. My situation is as follows:
    I traveled to India in February, got stamped my visa in New Delhi which is valid until 2023. I couldn’t travel back to USA due to COVID. Then i was laid off by my employer in April 2020. My grace period of 60 days is over as well. Is there any possibility that my visa still valid to go back to usa without renewing if i find new employer or my previous employer hires me? How can I know if my visa still valid to travel back to USA? My visa was cap exempted. I read somewhere that if someone is outside of USA and get laid off, after 60 day cancellation does not apply to them. In another words, the visa stays valid. Is it true? Any help would be appreciated. Thank you.

    • Mohammed,
      Yes, 60 days does not apply to you as you were out of US. Now, if you find a new employer, who can apply for transfer of H1B with USCIS, get approval…then, you can use that approval and go to US using the previous stamp you already have. The Visas are not revoked that are on passport and they stand valid until duration of validity, unless it is for fraud.

      • HI Kumar,
        Thank you so much for answering my query. My previous employer (who filed my h1b) wants to rehire me . Could you please let me know, can he rehire me on the same visa without renewing it?

        Thank you

        Best regards,

        • Mohammad,
          Yes, they can. If they have not withdrawn the application, it essentially stands valid. if they have done the withdrawal, then they need to re-apply. You need to have valid I-797 approval when you are at Port of entry and offer letter too.

  29. Hi, need help and it’s urgent!! I was laid off on 10th July 2020 and have approved h1b till Jan 30th 2022. According to the 60 days grace period rule , my 60th day would be 8th sep 2020. There are inconsistent informations that I found on web and wanted to validate that.
    1. I read on other website that I can find job till the validity of my i94 I.e. , and I would not be considered out of status even after 60th day is passed . I have an employer ready hire me but feels there is way too little time left to file for h1 transfer.
    2. Second thing i read is that if employer had paid severance package which in my case is 4 weeks pay and 10 PTO pay . Then my 60 days grace period starts after severance pay is over.

    I would go to an attorney to help clarify these questions but I’m not getting an appointment in till next week, and I need to know if any of this information is true in order to provide these options to the new employer to file H1 transfer .. please help!!!

    • Usha,
      1. No, that is not right. You need to have receipt notice from job within 60 days. You check the screen shots and link in above article, they are official regulations.
      2. No, that is wrong too. Your last date is when your job ends, not when you are paid. many companies do final settlement after 3 months too, that does not mean they are employed.

      You can check with attorney always to be sure. But, I always suggest you read the regulation and what is in this article be your own judge…

  30. Hi,

    Thanks for this informative article. Would you know if the petition to have the 60 day grace period extended to 180 days is still being considered by the White House?


  31. HI Kumar,
    Thank you for great article. Can you please help with the question on Grace period start day.
    Which of the following is considered as the start day of Grace Period.
    1) The day employer told me that I’m laid off, but I’m on payroll for one more month
    2) The last day of payroll

    Thanks in Advance

    • Ramana,
      1. The last date you are employed with the company. Basically, it is the day when they take your laptop and give you a relieving letter or close your email.
      2. Not always, sometimes, they pay a month later, so not always.

      • Hello Kumar,
        It was a great article, thank you for this.
        I had few questions
        1: I was laid off because of COVID situation in July 2020, my H1B visa is valid until February 2023. I haven’t got the stamping yet. I came back to my country within 4 days since I got laid off. Will my H1b visa be still valid if I get the job back?
        2: I dint use complete 60 days of my grace period, so is it still valid? Can I apply for visa transfer if my H1b is still valid? Please help me out with these questions

        • Supreeth,
          1. If you have a job and valid I-797, then you can. The visa stamp in passport does not mean anything, if you do not have a valid job in US.
          2. That 60 days are only, if you are in US. Now, as you are outside of the county, it does not matter. You can try for H1B transfer and use that approval to travel.

  32. Hi. What if an approved H1B is revoked by USCIS (after employer notifies USCIS of termination of employment), does this automatically end the 60-day grace period?

    • Andrew,
      No, it does not as long you have valid I-94 and it was normal termination by your employer. Also, you need to understand the 60 days grace period is discretionary.

  33. What would happen in below scenario? Let’s say I am in 60 day grace period (after Employer let me go). I apply for H1B transfer with new employe, however that Transfer request gets denied before the 60 days grace period ends. Will my status be still valid in US? Considering I do not have time for new H1B transfer application, if I leave the country will it be considered that I left country on legal status?

  34. Hello,

    Thanks for the detailed information. But i would like to get your insight on my situation.

    1. My i797 will expires on 9/10/2020 (6th year of H1B), will I get a 60 days grace period upon the expiration date?

    2. If not, how soon should I leave the country after my last day at the State. within 10days?

    Thanks advanced for your time.

    • Lisa,
      1. Probably not. Check with an attorney.
      2. You should leave before your I-94 expires. Usually your I-94 is 10 days past the approval notice.

  35. Hi,

    Both I and my husband are in H1B with approved I140. I recently applied to H4 CoS from H1B through my husband’s employer. We are still waiting for the receipt notice. But now my husband lost his job. My questions are:
    1. Will my H4 CoS automatically get canceled or do I need to withdraw it?
    2. If my husband is not able to find a job within 60 days, can he apply to my H4 EAD ? Given my H4 application before, will this ruin his chance of getting H4 through my H1B?

    I would really appreciate your response on this.


    • Geeta,
      1. You should send withdraw letter to be safe from your side. if you do not do anything, then your status would not be clear and can run into issues. Talk to attorney on this. Timing is important.
      2. He maybe able to, if your H1B is active again. Check with attorney.

      Timing is important for all of these, so discuss with attorney and act fast. The best thing to do is to apply for H1B COS for you immediately in premium for you to get h1B status and then apply for H4 for your spouse, if nothing found in 50 days or so.


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