Grace period post layoff for L-1B holder
L-1B holder but I think the law applies the same way for H-1B in this case. I am seeing a lot of conflicting information regarding when the grace period starts. I was laid off on May 20 and I am on non-working garden leave and on payroll until Aug 20. Does the 60 day grace period start on May 21st or Aug 21st?
Here are some quotes I got from links (I can't share the links due to this sub's policy) saying that it starts on May 21st:
>If your last day of work is March 15, the 60-day grace period runs through May 14. Severance, PTO payout, or continued health insurance does not extend it. Even if your employer keeps paying you for two months after your last day, USCIS treats your status as ending on the last day of work.
>For example, if your employer notifies you on December 4 that you will be terminated in 2 weeks on December 18, your 60-day grace period will start December 18. Keep in mind that if you receive a severance, the time period you are receiving this does not count towards tolling your 60-day grace period.
>If you're terminated on March 1st and your severance agreement provides compensation through April 30th, your grace period still expires on April 30th. Not on June 30th.
>The H-1B grace period starts on your last day of work, even if you receive severance pay or garden leave.
Some links saying that it starts on Aug 21st:
>Does the 60-day grace period legally start on the Feb 2nd notice date or the May 1st last day on payroll? Generally, last day on payroll unless USCIS notified Feb 2
>60 day period starts from July 23 which is the next day after your last official working day (last day you received salary)
USCIS own FAQ page:
>Q: When does the 60-day grace period start?
>A: The maximum 60-day grace period starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid.
Has anyone gotten an authoritative answer based on similar cases recently? Are the links saying that the grace period starts after the notice giving false information based on old guidance?