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Free calculator · Rule checked Oct 9, 2026

H-1B 60-day grace period calculator

If your job ends, 8 CFR 214.1(l)(2) allows up to 60 consecutive days, or until your authorized validity period ends, whichever is shorter. Enter three dates to see the latest possible end date, counted conservatively, with the rule behind it.

Your dates

Usually the last day you were paid for work. Whether severance, garden leave or notice-period pay counts as employment is a question for your attorney.
From the CBP I-94 website or the I-94 at the bottom of your latest I-797 approval. Use the most recent one.
The "Valid to" date on the I-797 approval notice for this job.

Four yes/no questions decide whether this rule can be applied at all

Were you outside the US on your last day of employment?
Have you already had a grace period during this same petition's validity?
Have you left the US since your last day of employment?
Has anything been filed for you since then? (a new H-1B petition, a change or extension of status, a green card application, or a work permit)
Your dates will appear here as a short timeline, each with the rule it comes from. Nothing you type leaves this page.

How this is computed

  1. The 60-day window. The regulation doesn't say which day is day 1. We count your last day of employment as day 1, which gives the earlier of the two possible readings: last day + 59 days. USCIS's archived guidance counts from the day after (last day + 60); we show that only as labelled context, never as the end date.
  2. Whichever is shorter. The grace period can't run past your authorized validity period, so we take the earliest of: the 60-day window, your I-94 date and your petition end date. Using the earlier of the I-94 and petition dates is the conservative reading.
  3. No weekend shifting. The date is never moved for weekends or holidays.
  4. Where we stop. If you were abroad when the job ended, already used a grace period in this validity period, left the US, or have anything pending, the rule's answer depends on facts we can't see. We don't compute a date and suggest talking to an attorney.

Worked example

Last day paid for work
Fri, Oct 9, 2026
I-94 and petition end
both in 2028
Latest end shown (+59 days)
Mon, Dec 7, 2026
USCIS archived guidance, day 60 (context)
Tue, Dec 8, 2026

When the I-94 ends first

Last day paid for work
Fri, Oct 9, 2026
I-94 "Admit Until"
Thu, Oct 29, 2026
Latest end shown
Thu, Oct 29, 2026 (20 days)

Questions people ask

When does the H-1B 60-day grace period start?

The regulation, 8 CFR 214.1(l)(2), does not say which day is day 1. USCIS's archived guidance says the period starts the day after employment ends, usually judged by the last day you were paid for work. Because the rule itself is silent, this calculator counts conservatively: it shows your last day of employment plus 59 days, and shows the USCIS day-60 date only as context.

Is the grace period always 60 days?

No. It is up to 60 consecutive days or until the end of your authorized validity period, whichever is shorter. It is available once per authorized validity period, and DHS may shorten or eliminate it in its discretion (8 CFR 214.1(l)(2)). So the date shown is a maximum, not a guarantee.

Is the 60-day grace period being removed?

It has been proposed, not decided. On September 11, 2026 DHS published a proposed rule to remove 8 CFR 214.1(l)(2) (91 FR 57807). Comments close November 10, 2026. A proposed rule does not change the law; the current rule applies until a final rule takes effect. If a final rule is published, this calculator will stop showing a date.

Can I work during the grace period?

Not unless you have separate work authorization under 8 CFR 274a.12. The grace period protects status for a limited time; it does not authorize work.

Does the grace period cover H-4 or L-2 family members?

The regulation lists E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers "and their dependents". Questions about a dependent's own work permit are for your attorney; this calculator does not answer them.

If the last day falls on a weekend, does it move to Monday?

No. The weekend-and-holiday rule in 8 CFR 1.2 applies to some paper filing deadlines, not to grace periods or I-94 dates. The date shown is never moved.

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Priority is a planned iPhone app. It would read your I-797, I-94, EAD, visa and passport on your phone, then show every date on one timeline with the rule behind each date, remind you ahead of time, and show your Visa Bulletin position each month. It does not exist yet. We're checking whether enough people want it before building it.

We store your email, when you agreed, which page you joined from, and your answer to the price question if you give one. Nothing else: not your visa type, country or the dates you typed above. We don't sell or share it. Remove yourself any time with the button that appears after you join. Privacy details. Consent wording version 2026-10-09.v1.

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