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Let go today, last legal day of employment?

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  • Let go today, last legal day of employment?

    Hello All,
    I was let go today, letter states today is the last day. I get paid bi-weekly so a paycheck will be generated on this Friday (06/23/2015). Another paycheck will be run on two Friday's from now on 07/10/2015 to settle pay of unused vacation. Tentative plan is to move to either visitor or student visa but before that I need to know what my legal last day is? Will it be today, coming Friday or two Friday's from now. If it is today and I apply for either B2 or F1 in next couple of days will that application be rejected on basis that I applied after my H1 visa is no longer valid.



    Thanks,
    F12H1.

  • #2
    Your H1B is valid until the employer whoever holds your H1B withdraws.

    Comment


    • #3
      You will go out of status on H1B as of the day immediately following the last date mentioned in your pay period.

      Originally posted by F12H1 View Post
      Hello All,
      I was let go today, letter states today is the last day. I get paid bi-weekly so a paycheck will be generated on this Friday (06/23/2015). Another paycheck will be run on two Friday's from now on 07/10/2015 to settle pay of unused vacation. Tentative plan is to move to either visitor or student visa but before that I need to know what my legal last day is? Will it be today, coming Friday or two Friday's from now. If it is today and I apply for either B2 or F1 in next couple of days will that application be rejected on basis that I applied after my H1 visa is no longer valid.



      Thanks,
      F12H1.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Shervin is correct.

        This would be the right time to propose to that US citizen girlfriend of yours.

        Comment


        • #5
          Originally posted by shervin143 View Post
          You will go out of status on H1B as of the day immediately following the last date mentioned in your pay period.
          Shervin,
          Yup I am clear on that point but was not confident if that day was today or two Friday's from now...



          Thanks,
          F12H1.

          Comment


          • #6
            Technically it is today as it is your last day at work. However, if you file the COS early (even after few days from now), this will not have much impact. If you file a COS after a pay period (say sometime next month without a latest pay slip - after a gap in your pay period), then there are chances for a RFE.

            Originally posted by F12H1 View Post
            Shervin,
            Yup I am clear on that point but was not confident if that day was today or two Friday's from now...



            Thanks,
            F12H1.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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