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Out of status?

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  • Out of status?

    I was laid off by Campany A on 29th Dec. 2000 and it is giving me severence money in terms of bi-Weekly payroll till mid of Feb'2001. My H1B transfer through company B was filed on 10th Jan. I know that "grace period" is only 10 days since in my case visa was filed after 12 days of getting laid off. Was I out of status for 2 days even though I'm still getting payroll through Company A?

    Any help would be appreciated.


  • #2
    Consult a lawyer on this. Following is my opinion:
    Since you are still getting paid by them - you are effectively maintaining a valid status.
    I think, you are perfectly ok.



    • #3
      The day they take you off the payroll of the company is the day the INS will normally consider you out of status. Incidentally, the 10 day requirement is no longer the INS policy. There was a recent memo from the INS which said that there is no Grace period for people laid off from their jobs. You are considered out of status, the day you are laid off from your job. Nevertheless, this is a regulation that is generally not enforced. The INS for the H-1B extension petition rarely, if ever, requests that you provide evidence that you are currently working for the company you are transferring from.