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H1B Transfer with Severance Paychecks.

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  • H1B Transfer with Severance Paychecks.

    Hi,

    I was laid-off on Nov-11 and will get severance pay for some more days, my pay-check will clearly mention it as severance pay. I know I am out of status since Nov-11 and any new H1 transfer would either be approved(if really lucky), consular processing(lucky) or denied.

    I am trying to find a job asap but most likely it will be some more days before it can be done due to the holidays. When it's time do the H1 transfer, should I just submit the last paycheck that I received on Nov-11 or submit the paychecks that mentions severance on it.

    Also, on reading the I-140/EAD rule, if it takes me a couple of months and if USCIS requires the latest pay-check, can I use the 60-day grace period retroactively or can it be used only if the layoff was done after Jan-17, 2017, when the rule goes into effect.

    I am almost wishing that it would have been good if I had been laid-off after Jan

    Thanks.

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