My H1B employer has notified me that I am being laid off. I was told that I am to stop performing work immediately, but that they will continue to pay me and provide me with my benefits through February 2023. When does my 60-day grace period start?


The regulation states that the grace period starts upon the “cessation of employment.” This typically has been interpreted to mean the last day the person performs work for the employer. So, the safest approach likely would be to assume the grace period starts following the last day work is actually performed.

One could argue that, where the employer is essentially treating the individual as an employee, paying the salary, benefits etc, this serves to delay the start of the grace period. However, this would be risky, and the USCIS very well may reject such an argument.  (16.Nov.2022)

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