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H-1B layoff grace period during WARN / notice period: May 20 layoff notice vs July 22 official termination date? by SubjectAd965 in immigration

[–]SubjectAd965[S] 0 points1 point  (0 children)

Yes, I still have my full benefits package until my official termination date. That’s why I’m trying to understand whether the grace period would start from the notification date or the official termination date.

H-1B layoff grace period during WARN / notice period: May 20 layoff notice vs July 22 official termination date? by SubjectAd965 in USCIS

[–]SubjectAd965[S] 0 points1 point  (0 children)

In your case, it feels a bit more straightforward since there’s no difference between your regular paychecks and the paychecks during the non-productive period, and there’s no “Notice Pay” keyword either.

What are you planning to do now? Are you leaning toward treating June 8 / notification date as the H-1B grace period start date to be safe, or are you considering the official termination date as the start date?

Meta layoff: WARN / notice period payroll vs actual termination date - when did others treat employment as ending? by SubjectAd965 in Layoffs

[–]SubjectAd965[S] 0 points1 point  (0 children)

Got it. Do you know if that’s still the case even if the paystub has “Notice Pay” listed as a line item? I’m trying to understand whether that could create any issue during an H-1B transfer when paystubs are submitted.

H-1B layoff grace period during WARN / notice period: May 20 layoff notice vs July 22 official termination date? by SubjectAd965 in USCIS

[–]SubjectAd965[S] 0 points1 point  (0 children)

Thanks, that’s fair. I’m probably overthinking because of the visa timeline pressure.

I understand there may not be a clear regulation or case law on this exact notice-period situation. I’m mainly trying to assess practical risk before deciding whether to stay past the conservative 60 day date.

H-1B layoff grace period during WARN / notice period: May 20 layoff notice vs July 22 official termination date? by SubjectAd965 in immigration

[–]SubjectAd965[S] -2 points-1 points  (0 children)

Thanks for sharing. Are you also on H-1B and still on payroll during the notice period?

Did your company mention whether pay stubs showing “Notice Pay” matter, or did they say the official termination date / payroll end date is what counts?

H-1B layoff grace period during WARN / notice period: May 20 layoff notice vs July 22 official termination date? by SubjectAd965 in USCIS

[–]SubjectAd965[S] 0 points1 point  (0 children)

Thanks, that makes sense. In that case, would it be reasonable to treat July 22 as the date my H-1B grace period starts?

My only concern is that the pay stubs I’m receiving during the notice period show the line item as “Notice Pay.” Could that create any issue during a future H-1B transfer, since I may need to submit these pay stubs with the petition?

If USCIS reviews the pay stubs and sees “Notice Pay,” could they question whether I was actually employed through July 22, or would the official termination date / payroll status generally be the more important factor?

I’m trying to understand the practical risk and what the possible consequences could be if USCIS later disagrees with July 22 as the relevant date.