Legal Question in Immigration Law in Ohio

Re: H1-B Validity during severance period

Your H-1B status ends when you cease to be an employee of NCC. So if NCC is giving you the opportunity to find new employment and STILL PAYING YOU until December 31, 2005 as if you were still employed, then you remain in good H-1B status until December 31, 2005. Once NCC stops paying you, then your H-1B status ends. Therefore, I would say December 31st is the end of your employment. USCIS will be asking for a pay stub or letter from NCC evidencing your employment up until your termination date. U.S. immigration law does not authorize any grace period for you to find a new job. However, as a general rule, USCIS will allow you 30 days from the date of your last pay check to find a new job. You are not subject to the H-1B cap. Therefore, if you find a new employer and USCIS does not allow you to pick up the H-1B status in the U.S. because more than 30 days have passed, then you can go to the U.S. consulate in your home country to pick up the H-1B visa and then re-enter.

Harold L. Hom