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International Services and Engagement Office ISEO
  1. ISEO
  2. Scholar Services
  3. H-1B Specialty Occupation
  4. Ending Your Status & Departing

Ending Your H-1B Status & Departing the U.S.

H-1B employment authorization is valid until the end date listed on the H-1B approval notice (Form I-797) or, if employment ends earlier, until the last day of employment. Once employment ends, authorization to work in H-1B status ceases immediately.

While employment authorization ends on the H-1B approval notice end date or the last day of employment, individuals may be eligible to remain in the U.S. under a grace period, depending on their circumstances.

Grace Periods for H-1B Scholars

  • 10-Day Grace Period
    • H-1B scholars and their dependents may be granted a 10-day grace period at the end of their H-1B validity period ends. If granted, this period will be reflected on the most recent I-94.
      • The 10-day grace period is discretionary; CBP or USCIS determines whether to issue this grace period.
      • Scholars should verify their I-94 record to determine if this period applies.
      • Employment is not permitted during the grace period.
  • 60-Day Grace Period
    • If H-1B employment ends before the end date on H-1B approval notice, scholars may qualify for a 60-day grace period (or until the H-1B end date, whichever is shorter) to:
      • Secure a new employer to file an H-1B transfer (PORT)
      • Apply for a change of status
      • Depart the United States
    • Key Considerations:
      • The 60-day grace period cannot extend beyond the H-1B petition’s end date.
      • H-1B employment is not permitted during the grace period.
      • The grace period is granted at the discretion of U.S. Citizenship and Immigration Services (USCIS), meaning officers at future immigration adjudications may assess whether the grace period was properly applied.

Scholars considering use of the 60-day grace period should consult a Scholar Advisor to confirm eligibility and review available options by visiting  icontact.ucsd.edu. Scholars must also notify the ISEO Scholar Services Team upon conclusion of their UC San Diego appointment by completing an H-1B Early Departure Request through iServices.