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.
How this is computed
- 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.
- 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.
- No weekend shifting. The date is never moved for weekends or holidays.
- 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)
Sources for this rule
- 8 CFR 214.1(l)(2)
- 81 FR 82398 (Nov. 18, 2016), AC21/high-skilled worker final rule that created 214.1(l)(2)
- USCIS, Options for Nonimmigrant Workers Following Termination of Employment (ARCHIVED page, last reviewed 01/24/2025)
- DHS NPRM 'Eliminating the Discretionary 60-Day Grace Period', 91 FR 57807 (Sept. 11, 2026), FR Doc. 2026-18631, RIN 1615-AD22
- 8 CFR 204.5(p)(1)(i) (current text: initial compelling-circumstances EAD applicant must be in E-3/H-1B/H-1B1/O-1/L-1 status 'including the periods authorized by § 214.1(l)(l) and (2)')
Rule table checked Oct 9, 2026.
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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