H1B Grace Period with Severance Pay

[Sekhar23]

Hi,

I used to work for Company A in MA and my employment  has ended on 09/30/2020, I have below question can anyone please let me know the details.

1)Recently my H1B is approved for 3 more years from company A, now my new I94 is valid till 08/2023 and on 09/30/2020 they laid off. My wife and daughter's H4 is still in pending status and no information on Biometric yet, if I move to another employer what  will happen to there H4? Do I need to file there H4 extension again?

2) My last day is on 09/30/2020,I have 60 days to find a new employment, as Company A is paying 3 weeks severance and my payroll(severance amount) is running till 10/23 will my grace period still remains the same as 60 days or it will be 15+60 days to find a new Job?

3)To start my employment with new employer do I need to have USCIS receipt  in my hand before 60th day or just sending the H1B documents on 55th day and having UPS or FedEx delivery receipt will work ?

Please let me know the details.

Regards,
Raj

[gopalakrishnach]

1. I guess new H4 again.

2. 60 days I guess

3. USCIS receipt

[Zodiac System]

Consult an attorney, as your H4 is connected with your H1b from company A.  Good idea to apply for H4 extension again, when you move to another company as employer A will most likely withdraw your current H1b (because of job termination), which may lead to H4 denial as it is connected with H1b approval from Company A.  (Ask attorney if H4 application also should be withdrawn, when H1b is withdrawn by employer A, as denials do not look good on immigration records).

You can start with new employer the day your properly filed H1b transfer reaches the USCIS.  USCIS keeps track of the day and date they receive your petition.

Edited October 18, 2020 by Zodiac System

[JoeF]

Severance pay doesn't matter for the grace period. The grace period started from the day of layoff.