Hypothetical question
laid off april 21 from a tech company in seattle. been on H-1B since 2022. company is offering severance through end of may. when does my 60-day grace period start — last day worked or last day on payroll?
laid off april 21 from a tech company in seattle. been on H-1B since 2022. company is offering severance through end of may. when does my 60-day grace period start — last day worked or last day on payroll?
USCIS counts from end of authorized employment, which is generally last day worked, NOT last day on severance/garden leave payroll. so your clock started apr 21.
during 60 days you can: file a change of status (e.g., to B-2 visitor), find a new employer to file an H-1B transfer (which doesn't require a new cap petition since you're already in status), or leave the country.
also: I-485 if you have approved I-140 and priority date current. don't forget about that path. and do NOT extend the gap by waiting for a perfect job — once 60 days pass you go out of status and accumulate unlawful presence.
tech employers know the 60-day rule and prioritize H-1B candidates because they're already in status. lean into that in your job search.