DOCUMENTS AND STATUS · 3 MIN
Laid off on H-1B or out of OPT days: the 60-day and 90-day rules
In short
How long you may stay after a job ends or your studies end, and what you can do in that time.
Workers: up to 60 days
If your job ends, workers in H-1B, H-1B1, L-1, O-1, TN and E-1, E-2, E-3 status may stay for up to 60 days in a row, or until the I-94 date, whichever is shorter. It can be used once per authorized stay.
In those days you can:
1
Find a new employer who files a petition for you (an H-1B worker may often start once the new petition is filed).
2
File to change to another status, for example B-2, F-1 or H-4.
3
Apply for a compelling-circumstances EAD, in some situations.
4
Leave the US.
If you do nothing, you must leave by day 60. Your family (H-4, L-2 and others) depends on your status and follows the same clock.
The day count starts on the last day you were paid, which may differ from your last day of work. Ask your employer to write down the date.
In September 2026 DHS proposed to remove this 60-day period. It is still in effect today. Check with an attorney if your job ends.
On OPT: the 90-day unemployment limit
On post-completion OPT you may be unemployed for up to 90 days in total during the whole OPT period. On the STEM OPT extension you get 60 more, so 150 days in total across both. Days count from the start date on your EAD, not from your graduation. Going over the limit ends your status. Report every job, and every job that ends, in the SEVP Portal or to your DSO within 10 days.
Students
F-1: after you finish your program, or after OPT ends, you have 60 days to leave, change status, transfer to a new school or start a new program.
J-1: 30 days after the end date on your DS-2019.
M-1: 30 days.
If you stop studying without DSO permission, or you are terminated in SEVIS for a violation, there is no grace period. Talk to your DSO at once.
What you may not do in a grace period
Work, unless a new employer's petition or a new authorization allows it.
Students may not work in the 60 days after OPT ends.
Common mistakes
Counting from the last day of work instead of the last day of pay.
Thinking severance pay extends the status. It usually does not.
Waiting until day 55 to talk to a lawyer. Start the first week.
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