H1B Laid Off - Find a new job - 60 days grace period - Not sure it fits this timeline


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Posted

Hi Everyone,

I hope you all doing great and healthy!

I am currently in a complicated situation. I was on a H1B and I was laid off on April, 10th and received a 2 weeks severance pay but paid in total 2 weeks after.
I believe my 60 days activates the day of my last paid severance, but let's say it is the 10th for the sake of understanding. So the end of my 60 days grace period would be the June, 10th.

My new employer sent my H1B petition on June 12th with premium processing and arrived at USCIS on the 15th.
I should then have an answer soon if it is approved or not. Let's say it is approved.

Since I was off my grace period, if it is approved, can I work straight away? or do I have to leave the country?

If not, I got married during my grace period, and started the green card process, I am about to send the case next week around Monday 29th.
I am able to stay on the territorry lawfully now, does this mean I can start working without waiting for the EAD since I have a valid H1B?

Thank you so much for you future help!
All best,

Posted

Your grace period started on April 10th. If you get a I94 with the approval copy then you can work and need not leave the country.

You need the EAD card to start working, just applying for it doesn't mean you can start working. 

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