When does my 60-day clock actually start — layoff notice date, last day worked, or when severance runs out?
The clock starts the day after your last day of paid employment. It does not start when you get the layoff notice, it does not wait for your severance payout to run out, and it does not restart on your final paycheck date. A lump-sum severance payment does not extend the window. Day 1 is the first calendar day you are no longer a paid employee.
The three dates people confuse
| Date | Does the clock start here? |
|---|---|
| The day you receive the layoff notice | No — notice is not employment end |
| Your last day of paid employment (last day on payroll as an active W-2 employee) | Yes — the clock starts the next calendar day |
| The day your lump-sum severance runs out or your final paycheck lands | No — severance payments alone do not extend the period |
The determining fact is the cessation of qualifying employment, judged from employment and immigration records — not payment arrangements. If your employer keeps you on payroll through a notice period or garden leave (you remain an active, paid W-2 employee and the petition has not been withdrawn), that paid time generally still counts as employment, and the clock starts when that paid period ends. A lump-sum severance check with no ongoing payroll relationship is just a payment — it buys you money, not time.
How to compute your deadline
- The period is 60 consecutive calendar days, including weekends and holidays.
- The effective deadline is the earlier of: (last day of paid employment + 60 days) or the expiration date on your current I-94 record.
- The grace period applies once per authorized validity period. If you already used it during this petition's validity period, you do not get a second one.
Worked example: your last paid day is Monday, October 19, 2026. Day 1 of the grace period is Tuesday, October 20. Day 60 is Friday, December 18, 2026 — unless your I-94 expires earlier, in which case the I-94 date controls. By that date, a new employer's I-129 must be filed, or your I-539 change-of-status must be filed, or you must have departed.
Proving your start date
Because the clock's start is judged from employment records, keep:
- The termination letter or email stating your last day
- Your final pay stub showing the last paid day (distinguish paid employment days from severance)
- Your I-94 record from the CBP website — print it now, because this date can shorten your window
- Any HR communication confirming the end of payroll
If there is a dispute later — for example, USCIS questions whether your transfer was filed while you maintained status — these records are your evidence of exactly when the period began.
Uncertainty note, date-stamped: As of October 14, 2026, DHS has a pending proposed rule (RIN 1615-AD22, comments due November 10, 2026) that would eliminate the 60-day grace period entirely. It is not final and has no effective date. Under current law, the clock rules above still apply to anyone whose employment ends today.
Frequently asked questions
My severance package pays out over 8 weeks. Doesn't that keep me "employed"?
Generally no. A severance payout without active W-2 payroll status and work authorization is not continued employment for immigration purposes. The exception is a formal notice period or garden leave where you remain on active payroll as an employee — check with your employer's immigration counsel and, if possible, your own attorney before relying on it.
What if my layoff notice gives me a termination date 30 days in the future?
The clock starts after the last day of paid employment, not the notice date. If you keep working (and being paid) through those 30 days, the clock starts after your actual last paid day — which buys you roughly a month. If you are told to stop working immediately and the 30 days are just severance, the clock starts after your last paid day, which was effectively today.
Do I get a fresh 60 days if a new employer files a transfer and then that also fails?
No. The regulation allows the grace period once per authorized validity period. Changing employers — or filing a transfer — does not reset the clock. If your first transfer is denied near the end of the window, you are working with whatever days remain, not a new 60.
Sources
- Entry source: https://warnact.io/h1b-layoff-guide
- 8 CFR § 214.1(l)(2) — up-to-60-day grace period; once per authorized validity period; DHS may shorten or eliminate as a matter of discretion
- USCIS Policy Manual, Grace Periods — confirms the worker remains in a valid grace period even after employment ends
- Federal Register document 2026-18631 (RIN 1615-AD22, docket USCIS-2026-0364) — proposed rule to eliminate the grace period, comments due November 10, 2026
- USCIS Form I-539 guidance: https://www.uscis.gov/i-539
Dates and computation rules cross-checked against the regulation text and multiple USCIS Policy Manual-based explanations, as of October 14, 2026.