Updated 2026-06-30 · 8 CFR 214.1(l)(2) (grace period capped at I-94 validity)
What if my I-94 expires before my 60-day grace period ends?
Almost everyone hears '60 days' and stops there. But the rule has a second half that quietly shortens the window for a lot of people: your grace period ends at your I-94 expiration if that comes first. If you don't check, you can miscount your deadline by weeks.
Free tool
Enter your last day worked and your I-94 expiry — the calculator returns the SOONER of the two, which is your real deadline.
The rule: whichever comes first
The grace period after an H-1B termination is up to 60 days, OR until your I-94 expires — whichever is sooner. Your I-94 (not your visa stamp) is the record of how long you're authorized to stay. If your I-94 already had only 20 days left when your job ended, your grace period is 20 days, not 60.
This catches people whose I-94 was tied to a petition validity date that was already close. The 60-day figure is a ceiling, not a guarantee.
Why this matters so much
Every option after a layoff — filing an H-1B transfer, changing status, or departing cleanly — has to happen inside this window. If you plan around 60 days but your real window is 20, you can blow the deadline and fall out of status without realizing it. Falling out of status has serious downstream consequences (future bars, harder re-entry).
How to find your real number
Check your most recent I-94 at the CBP I-94 website and compare its expiry to 60 days after your last day worked — the earlier date is your deadline. The free calculator does this for you: enter both dates and it returns the binding one, so you're planning against the real clock, not the headline.
This is general information, not legal advice. Your exact outcome depends on your specific facts — country of birth, I-140 status, priority date, and timing — and an immigration attorney can confirm what applies to your case.
Frequently asked questions
Is the H-1B grace period always 60 days?
No. It's up to 60 days OR until your I-94 expires, whichever comes first. If your I-94 expires in 20 days, your grace period is 20 days.
What's the difference between my I-94 and my visa stamp?
The I-94 is the record of how long you're authorized to STAY in the US and is what caps your grace period. The visa stamp is for entering the US. Your grace period is governed by the I-94, not the stamp.
Where do I find my I-94 expiration?
Retrieve your most recent I-94 from the CBP I-94 website. Compare its expiry date to 60 days after your last day worked — the earlier of the two is your grace-period deadline.
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