u/samand25

H-1B 60-day grace period start date during notice pay / garden leave?

I’m looking for real experiences from people who transferred H-1B after being on notice pay / garden leave.

Timeline: Layoff notice was given on May 20. Termination date is July 31. From May 20 to July 31, I am on notice pay, and my paychecks show hours annotated under “notice pay.” My termination agreement says I need to remain available for any work questions or transition support during this period. I will receive lump-sum severance and bonus on July 31. Employer said they will withdraw the H-1B after July 31.

I’m getting mixed feedback from different lawyers about when the 60-day H-1B grace period starts.

For people who were in a similar notice pay / garden leave situation and later transferred H-1B, did your 60-day grace period start from the last productive work date, or official termination/payroll end date?

I understand this is not legal advice. I’m mainly looking for real-world experiences from people who successfully transferred after garden leave / notice pay.

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u/samand25 — 6 days ago

When does 60 day grace start?

I was impacted by the recent layoffs. My company has stated that my official termination date is July 31, 2026, which will also be my last regular paycheck date. Severance pay will begin after that.

I need clarity on when my H-1B 60-day grace period starts. Does it begin after the official termination / last payroll date of July 31 or date of last productive work?

reddit.com
u/samand25 — 1 month ago
▲ 0 r/h1b

When does 60 day grace start?

I was impacted by the recent layoffs. My company has stated that my official termination date is July 31, 2026. Severance pay will be given after that.

I need clarity on when my H-1B 60-day grace period starts. Does it begin after the official termination / last payroll date of July 31, or could USCIS treat it as starting earlier, from the date I stopped productive work, since my Slack/GitHub/company access has already been removed?

One attorney mentioned that USCIS guidance on this issue is now archived and that they interpret it as the last day of productive work. Because this directly affects my ability to preserve status and plan for H-4 or H-1B transfer options, I’d appreciate any guidance or experiences on this

reddit.com
u/samand25 — 1 month ago