I recently got laid off. My last working day and termination date is “May 4th”. And my company is giving severance as continuation of pay for 8 weeks. So in ADP the paychecks it says “Severance Co” and not “Salary”. USCIS clearly mentions last day of work is last day you receive salary or wages. Now I don’t know if “Severance Co” comes under salary or wages. I know a lot of companies give employees salary continuation in their paycheck it would say “Salary” so in that case I see no problem. Anybody on the same boat? #severance #layoff #tech #amazon #pwc #goldmansachs
Your last day of work is when the clock starts from Uscis, not the Salary or severance package.
So when my company states that they will withdraw my h1b after 8 weeks and notify me. That’s when is my last date ?
There is a lot of ambiguity on this. I know friends that were laid off last year, but their immigration lawyers told them that the last working day is going to be the day they receive the last check from current company. And the clock stops the day an H1b transfer petition is filed. However, I have read the opposite on a lot of blind threads. So definitely check with an immigration attorney. Since you are laid off, you might not have access to the previous company's immigration attorney. But, if you are in the offer stage with a new company, you can contact their immigration attorney and verify
May 4 is your last day if that's what your company said. Severance check doesn't count under being maintaining status
Have you got a new job yet? If not, consider July 4th as the last day when your 60 day grace period ends. If you have approved I-140, you can file for compelling circumstance EAD to extend the grace period.
Nothing yet, and no approved i140 :/
It’s “last day worked ” which I confirmed with lawyers, especially if your pay stubs say severance pay. So it is May 4th.
:(
It's not 2 months. It's 60 days. This distinction is important because some months have 31 days. I was in the same boat during COVID layoffs in 2020 and Amazon attorneys made that clear to me. Again, 60 days, not 2 months. If the last day you provided services to your previous employer was May 4, the first day of the 60 day period was May 5 and the last will be July 3. You need to mail your new H1B petition before or on that date. USCIS can receive it after then, it just needs to be mailed to them before or on July 3.
Hi MsBK30, I got laid off from Amazon on April 26th, but my payroll will run until June 26th. I haven’t been working since April 26th but my paystubs says regular hours worked = 165. So, Is my grace period start date June 27th or April 27th?
Check with Amazon attorneys if you still can. Without being a lawyer, the grace period starts from first day of unemployment and your pay stubs post April 26 will be tagged as "severance" so they will not count. I'm 99% sure that the first day of your grace period was April 27 and the last will be June 26, but I'm not a lawyer. And tbh, this is something you should have clarified the day you were laid off. If you've assumed so far that your grace period begins on June 27, and haven't done anything to find a new job, you need a lawyer asap. If Amazon attorneys don't help you, do a one time consultation with an independent immigration attorney that specializes in H1B. They usually cost between 200$ - 800$, and if you were an SDE at Amazon, you have the money, so don't pretend that it's too expensive. I've also heard instances where USCIS has overlooked the 60 day rule and approved petitions that missed the deadline by a few days. But again, I am not a lawyer.
Don’t bother about H1B calculations, just apply for B1 visa before 60 days period. After that, keep looking for jobs for 6 more months and once you get one, flip over to H1B again. It’s recommended by USCIS itself from their Twitter account
Link the tweet please. I've read stuff to the contrary. Applying for a B1 visa can extend your stay in the US if you're within your grace period, yes, but you cannot file an H1B petition while you're in the US on B1. B1 is a visitor visa and H1B is a dual intent visa. By applying for dual intent as a visitor, you will have violated your B1 status. Of course, if USCIS tweeted otherwise, then I'm wrong, so that's why I want to see the tweet.
Let me find it for you, I actually spend some time finding about it, let me try again
Please reach out to your HR.. they can clarify this. They also should have given you the documents that clarify when the grace period clock starts. For me the termination date was the day my clock started.
Which company?
So for me the separation document says “May 4th” as “separation date”. And every time I ask the company on when my 60 day starts. They tell me my grace period starts after they withdraw the h1b visa which is after the 8 weeks of severance paychecks. I don’t know how much I can take their word or hold it against them if a new h1b transfer gets rejected on the basis that my grace period is over.
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