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      H-1B Grace Period FAQs

      This article addresses common questions regarding H-1B grace period, helping you maintain legal status and plan your next steps after job loss​.

      1. Is the duration of H-1B grace period fixed?

      Not necessarily. If the remaining duration of your H-1B visa is less than 60 days, your grace period will only last until the visa expires.

      For example:

      • If you employment is terminated on September 30 and your H-1B expires on December 31, you will get the full 60-day grace period since there are 92 days left until your visa expiration.
      • However, if you laid off on November 30 with only 30 days left before your visa expires, your grace period will be limited to 30 days.

      2. Does the “Portability Rule” apply during the 60-day grace period?

      Yes. The “Portability Rule” allows those adjusting status with an I-485 petition to change employers after 180 days from the petition submission, provided the new position is similar to the original one. This rule also applies to H-1B employees during the grace period. As long as a new employer files Form I-129 and receives a receipt notice, the employee can start working immediately without waiting for approval​.

      Reference:

      USCIS Explanation

      3. Can a person use the 60-day grace period multiple times?

      Yes, but it can only be used once per authorization period.

      For Example:

      • If John transfers from Company A to Company B during the grace period and begins working upon receiving the receipt notice, he will get a new grace period if he is laid off again after approval.
      • However, if John is laid off from Company B before the transfer is approved, he will not receive another grace period, as it can only be used once per authorization period.

      4. Can unpaid leave extend the grace period?

      In theory, yes, but it carries potential risks.

      Some employees have tried to extend their employment by taking unpaid leave. However, this may be considered "benching"—being employed without receiving pay—which violates Department of Labor regulations. Employers are required to pay H-1B employees during any downtime unless the employment relationship is officially terminated.

      Under the Family and Medical Leave Act, certain employers may offer up to 12 weeks of unpaid leave to eligible employees, but this only applies in specific circumstances.