Ending Your H-1B Status

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 Discretionary 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 60-day grace period is granted at the discretion of U.S. Citizenship and Immigration Services (USCIS), meaning that officers reviewing future immigration benefit application/request will determine whether its use was appropriate. For this reason, we encourage scholars to maintain documentation confirming their last day of H-1B employment, as well as documentation explaining the reason the grace period was needed—such as a termination letter, layoff notice, or resignation email—in case USCIS later questions its use.

Scholars considering use of the 60-day grace period should consult a Scholar Advisor to confirm eligibility and review available options.