When does h1b 60 day grace period clock stop?
Jun 4, 2020
19 Comments
Got laid off and last day of payroll at lyft is June 5th. From June 6th, the 60 day grace period clock will kick in. Does anyone know when does this clock exactly stop? Is it when we finally join a new company(first day at work) or when the new employer runs I9(when we accept the offer) or when the h1b transfer receipt arrives?
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#immigration #layoffs #h1btransfer #h1b
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Afaik, 60 days is more of a convention used to get a ballpark number. But the law is that once the employment is over, visa-holder has to go back at the earliest. But usually the previous company will show u as employed for ~30 days, and u can stay for 3-4 more weeks; thats how 60 days is derived.
On the other hand, USCIS has no way of knowing that u stayed longer than required. Only during new visa/renewal/port of entry are places where they can know. But I highly doubt that they really look that deep.
PS: This is not an expert attorney's opinion :), what I have heard in attorney talks. All the best.
I'd say if the H1-B proof of delivery arrives before the 60 day notice, you are clear.