Hi, I am on H1B and was laid off on Nov1, 2023. Was told i will be on payroll till Jan 2, 2024. When i contacted my immigration attorney she told that my unemployment grace period start from the notification date itself since im not performing any duties as per H1B petition. As per separation of work statment the date of separation (termination date) is Jan 2, 2024. Also My understanding is as per CA law atleast 60 day notice period should be given only after which unemployment grace period starts. Can someone please suggest. TC-0
I am not sure about your employer but during MSFT layoff my impacted colleagues have been told that until an employee has been on payroll company won’t withdraw their H1b petition and grace period of 60 days for H1b will start after their last day on payroll but please consult another immigration attorney to get confirmation.
Thats my understanding too. But since this statement is directly coming from employer’s law firm im not sure if i have to follow their word and consider im already in 60 grace window.
you can ask them when will they withdraw your H1b and if they are indeed withdrawing it before Jan 2 then how will they justify the payment until Jan 2? Because if you are out of status I don’t think they can pay you for this job. If they are paying you salary/severance before Jan 2 then it is possible they might be withdrawing H1b early. Note sure if you are aware but if you go outside of the country then 60 days grace period ends at that time immediately. You can always convert to B1 visa if you cannot find job before the end of 60 day period.
I’d say your termination date is Jan 2, 2024 and you have 60 days after that to start (note start, not just sign an offer) a new job. But what do I know. If I was you, I’d leave the country and look for a job remotely, that way you’re sure to not break any rules. All interviewing is over zoom now anyways so what does it matter.
OP can convert to tourist visa, no need to leave US
Did they not give any heads up before? Was it a team or just you?
Your lawyer is wrong. From USCIS website - "When does the 60-day grace period start? A: The maximum 60-day grace period starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid." Link - https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/options-for-nonimmigrant-workers-following-termination-of-employment
Yes, i agree. but the statement is coming from employer law firm thats what is worrying me. Im not sure if theyd report uscis with end date as nov 1 atleast from attorney’s statement thats how im seeing it
Send the email from your employer stating Jan date and above link to the law firm and ask to clarify. Your access is revoked but you are still an employee on paper.
Ideally 60 days grace period starts AFTER your last day of employment. Have you explored "other options" then getting a new H1B in case one isn't filed on time?
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