When does h1b 60 day grace period clock stop?

Lyft
H1b60day

Go to company page Lyft

H1b60day
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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YoE: 7

#immigration #layoffs #h1btransfer #h1b

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TOP 19 Comments
  • Roku
    seti_c

    Go to company page Roku

    seti_c
    When H1b transfer receipt arrives
    Jun 4, 2020 0
  • Sorry to hear. Afaik, grace period is very subjective. A friend got laid off. Attorney told him to go back in 15 days.
    Jun 5, 2020 3
    • This is a while back, like in 2015. He was paid till the last day. He got laid off and attorney told to go back within 15 days or else future h1b's can get impacted. So he interviewed at some places and went back. He got an offer and came back.

      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.
      Jun 16, 2020
    • Amazon
      amznmom

      Go to company page Amazon

      amznmom
      Incorrect. 60 day grace period is an actual USCIS rule as of late 2016. Begins from the day your employment stops, not severance period.
      Jun 16, 2020
  • Intel
    mav1f

    Go to company page Intel

    mav1f
    Sorry about the layoff.. please ask an immigration attorney..
    Jun 4, 2020 1
    • Lyft
      H1b60day

      Go to company page Lyft

      H1b60day
      OP
      Yes I did. They are taking time to come back with an answer. Hence asked here if people had prior experience. It's a bit unnerving st times with all the visa uncertainty and jobloss at the same time.
      Jun 5, 2020
  • Your post is a good reminder things can always be worse. I was also laid off but not on h1-B. Best of luck to you.
    Jun 13, 2020 0
  • The answer that I heard from an immigration attorney during an AMA is, there is no fixed end date. If your I-94 is valid beyond the 60 day grace period, you are in a better situation and you may be able to extend your stay a bit longer without negative consequences. But don't treat this as legal advice and listen to your attorney.

    I'd say if the H1-B proof of delivery arrives before the 60 day notice, you are clear.
    Jun 5, 2020 0