Work VisaApr 8, 2019
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Unemployment effective date

[Ask for a friend] My friend is on OPT now, his OPT STEM request is sent to USCIS pending. My friend just gets lay-off in a financial tech company, and was informed his last official employed date would be April 21. But he doesn’t have to go to work now, just getting paid until April 21 to be his last “official” departure date. His company also has a “non-compete” clause, basically meaning he cannot join another competitor company within next a few months. And his company decides to keep paying him another month of salary till end of May. So my question is, which date would be the official unemployment date to report to USCIS? For OPT unemployment reporting purpose. April 21 or late May? TC 150K

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Cisco turn2stone Apr 8, 2019

You can technically ask this to your HR/Manager, what’s going to be my date entered - because they report dates to USCIS. Afaik they cannot pay you after the “employment date”. So if they pay till late May -you should be employed till late May (unless it’s a severance package)

BlackRock xis Apr 8, 2019

When in doubt ask the HR for a written email.

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aguthakari Apr 8, 2019

If the company is running paystubs until may, then end of the paystub date would be last day of employment and is the date your friend need to update Uscis with as far as i know. But please confirm once with HR. If that is the case then he is employed until may with current employer and can only start a new job after last day on his last paystub.

Chicago Trading Company bWDD15 Aug 14, 2023

Did you ever figure out what the effective unemployment date would be here as far as USCIS is concerned? April 21st or late May?