H1B 60 days Grace Period USCIS Rule Clarification

Hello @Anil.Gupta

I got laid off from company A on March 21st, 2019. As per the California WARN act, they sent me a notice of termination on March 22nd, 2019 stating two things -

  1. I will remain employed and be on payroll with full pay/benefits through termination date, but will not be expected to work (all access gone, laptop/badge returned).

  2. Termination date is May 21st, 2019, the last day of employment – frequently referred to as the termination day in the document I received, will be 60 days from the “notice of termination” (separation) day.

Now, I am not clear if the grace period has already started for me or if it will start when I get officially terminated i.e. on May 21st ?
(i.e. do I have just 60 grace days OR 60 WARN Act notice period + 60 grace days = 120 days)

They have also mentioned that :

3.) They will send a notice of H1B revocation to USCIS 2-4 weeks after the 60 days of notice period which in my case is May 21st.

All these points seem to suggest that I am not actually Terminated until 60 days from layoff day. But “you are not expected to work during this period” is confusing to understand start date of grace period.

Appreciate your response on this.

It seems that your payroll will run for 60 days? Or it is just the severance pay for those 60 days?

As per my understanding, you just have these 60 days to find a new employer and not 60+60 = 120 days if the payroll will not run as usual.

Normally, the payroll should keep running to prove valid H1B status. If in your case, the payroll keeps running, then you are probably good for next 120 days.

I would suggest to take an opinion from a California based attorney too as they would know state laws better.

Yes, payroll is running as usual for 60 days.

The severance pay is addition to payroll and will come after this notice period ends and only if I sign the termination agreement while pay from payroll for above 60 days is paid nonetheless.

Thanks for much needed insights. Yes, I will contact CA based lawyer too.

4 posts were split to a new topic: Do we get new H1B 60 day grace period if 2nd transfer is filed after 60 days?