🚨 SO MUCH FOR THE “60-DAY” H-1B GRACE PERIOD.
— Hany Girgis (@SanDiegoKnight) August 29, 2026
Look at this timeline posted by an H-1B worker:
JANUARY: Last day of employment
MARCH: Files to change status to B-2 visitor
JUNE: New employer files H-1B petition
AUGUST: Still in the United States with both cases pending
His… pic.twitter.com/Dqna89sb1L
Look at this timeline posted by an H-1B worker:
JANUARY: Last day of employment
MARCH: Files to change status to B-2 visitor
JUNE: New employer files H-1B petition
AUGUST: Still in the United States with both cases pendingHis last day of employment was in January.
It’s now almost September.
That’s roughly seven months in the United States after losing the job underlying his H-1B.
How?
Because the 60-day grace period isn’t necessarily a 60-day deadline to leave.
USCIS itself has told laid-off workers they can file for another nonimmigrant status during the grace period, including B-2 visitor status, and potentially remain in the United States while that application is pending.
Then, if they find another employer, that employer can pursue H-1B status again.
H-1B -> lose job -> B-2 -> wait -> find employer -> H-1B
So when people argue that eliminating the 60-day grace period would be cruel because workers would have only 60 days before they have to leave…
This is exactly why I’m questioning whether “60 days” is even an accurate description of how the system works in practice.
If a temporary work visa is tied to a job, and that job ended seven months ago, how long should someone be allowed to remain in the United States looking for another employer?
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