I am working on H1B visa in USA with I-140 approved. I am an employee in company A , working as a contract employee with company B for end client as Company C. I was on planned leaves and travelled outside USA from May 10,2023 to June 15,2023. On June 20,2023 when I was suppose to resume back to office, manager of company B told me that June 15,2023 was my last day with end client C and hence the contract with B ends as well.
My last payslip was generated on May 30,2023 for the period of April 01,2023 to April 30,2023.
Payslip for period of May 01,2023 to May 10,2023 is yet to be generated.
Since I am in contracting there would be no salary generated for the remaining days i.e. May 11 to June 15.
I am still with Company A employer but looking out for another project. I want to understand when does my grace period of 60 days on H1-B start? I-94 is valid till 2025.
- My last day of salary would be May 10, 2023 (yet to be generated). Would the days I was out of country count under 60 days grace period?
- Would it count from June 15, 2023 as was orally told to me as my last working day.
@Kalpesh_Dalwadi / @Anil_Gupta Could you please guide on above queries.
@Kalpesh_Dalwadi / @Anil_Gupta Could you please guide. A bit urgent as currently in this situation.
The grace period concept only applies if your H1B employer terminates your employment. Company B, C, and so on do not matter at all as your H1B is held by Company A.
If company A stops your payroll, then your grace period will start right there.
@Anil_Gupta Thank you for the response. Just to understand, since I am in contracting, my payroll depends until I am working in a project. Considering current situation, as I was on monthly payroll for my last project, I worked till May 10th before going on vacation out of USA. After I came came back , I was told by client June 16th was my last working day.
So my understanding is I would only be getting my last payroll for the month of May (May 1st to May 10th) and nothing for June ( June 1st to June 16th) since I was on leave.
Now I want to understand, what date does my 60 day grace period start:
- Does it start from May 10th, which was the last day I worked before going on vacation?
- Does it start from May 31st as payroll is generated monthly?
- Does it start from June 16th, the day my client mentioned as my end date
- Do the days I was out of USA , get counted under 60 days grace period (May 10th to June 16th) ?
@Anil_Gupta Could you please guide