URGENT! H1B Layoff - Grace period and moving to another visa (F1/F2 or B2)

[Eisha Trehan]

I was recently laid off and i have a termination date of May 19th, 2023. However my company is paying me severance by keeping me on payroll. they will be paying me biweekly over 4 payrolls for the 7 weeks of severance. My question is when does my grace period start? Is it going to be from May 19th or the last day I am paid via payroll (W2).

I also want help understanding if I can switch from H1B to F1 or F2 (as my husband is on F1) or B2 visa to pause my Grace period and buy myself more time and once I find a job I can switch to h1b. 

Appreciate any help! 

[Attorney_17]

Hello,

The 60 day grace period begins the day that you are no longer employed at the company. This usually refers to the date that you stop working. Please keep in mind that the 60 days is a maximum grace period and does not apply in its entirety if the I-94 expires before 60 days. You may apply to change your status to F or B. However, please keep in mind that these are non-immigrant statuses and you may face the issue of immigrant intent if you have an I-140 pending or approved. Further, work authorization is limited or nonexistent in these statuses. For more information, please reference this Murthy Bulletin Article: https://www.murthy.com/2023/03/16/i-am-on-h1b-working-for-a-large-tech-company-my-i-94-is-valid-through-next-year-i-recently-was-notified-that-i-am-being-laid-off-technically-i-will-remain-employed-by-the-company-for-the-next-cou/

 

[Eisha Trehan]

I have gone ahead and filed for I-539 status change to F1 visa from H1B.  The case was received by USCIS. However, do I have to have my case states as pending for my Grace period to pause or is it paused already as USCIS has received my case. Can you please help in answering this question as my Grace period on H1b ends on July 18th and my I-94 is valid until August 18, 2024. Can I legally  stay in the US on a case recived status by USCIS for my I-539.

 

Thank you, 

Eisha Trehan