H1B VALIDITY DURING SEVERANCE PAY?

[saggie1518@gmail.com]

I am on H1B visa since 2012 With approved I-140 2016. My current H1 is valid until 2020. Yesterday (24 - September- 2018), I got laid off by my employer with 5 weeks of severance payment period.  So here are my questions: 

1) I will be on Grace period since 25th September 2018? Or it will start after i my severance pay will end after 5 weeks. 
- My employer will pay me through a regular payroll cycle. 

- My Employer will not revoke my present h1b anytime soon. 

2) what will happen if i will not find any new job during my 60 days of grace period? i will be out of status after that and will have to leave country? 

3) When can i start working for a new employer in the event of H1b Transfer? Soon USCIS will send acknowledgment h1b receipt? or soon my labor will approve? 

4) Can i use my severance payroll pay stubs to show as my last pay checks? even though if they show severance pay in it? 

Please share your thoughts! 

[xTDx]

4 hours ago, saggie1518@gmail.com said:

I am on H1B visa since 2012 With approved I-140 2016. My current H1 is valid until 2020. Yesterday (24 - September- 2018), I got laid off by my employer with 5 weeks of severance payment period.  So here are my questions: 

1) I will be on Grace period since 25th September 2018? Or it will start after i my severance pay will end after 5 weeks. 
- My employer will pay me through a regular payroll cycle. 

- My Employer will not revoke my present h1b anytime soon. 

2) what will happen if i will not find any new job during my 60 days of grace period? i will be out of status after that and will have to leave country? 

3) When can i start working for a new employer in the event of H1b Transfer? Soon USCIS will send acknowledgment h1b receipt? or soon my labor will approve? 

4) Can i use my severance payroll pay stubs to show as my last pay checks? even though if they show severance pay in it? 

Please share your thoughts! 

1- As a rule of thumb, your grace period starts  from the last workday. So 25th Sept. 

2- You will have to leave country to move to a different immigrant/non immigrant status

3- As soon as a new employe timely files an H1b petition for you. Timely means before the grace period ends. Around this time USCIS is taking 1-4 weeks just to acknowledge and provide a receipt.

4- You can and probably it will work. But if your 60 days are over starting 25th Sept and USCIS questions the pay slips, they may not approve extension of status. If approved without extension of status, you would have to leave USA and re-enter with a valid visa. 

[Centepede]

During such situation, employers inform you about (1) Separation Date (2) Termination Date. Most likely , they are different.

Legally, both the dates are informed to USCIS. Your 60 day period starts on the "Termination Date". 

Separation Date is the date when, Employer Informed Employee of relieving of all duties as mentioned on the offer under "At Will" employment clause.

Termination Date is the date negotiable , i.e. Either (1) Same day as Separation date (2) Last Severance paycheck date or (3) Any date agreed upon between employer and employee before Last severance Paycheck date AND after Separation date.

I have been laid off  in the past and dealt with such situation with immigration attorneys. And, requested my then employer to make my last severance paycheck date as my termination date which is informed to USCIS as my last day starting which I get 60 days.