Urgent clarification required on validity of H1B status

[Annie12]

Hi,

I am working with a company on a H1B visa. I needed to go back to India for a short term and requested a sabbatical from my employer for the same. My employer has approved my request. I want to will be working with my employer till the end of January for which I will receive my pay check on 20th February due to the company's payroll processing schedule.

My question is from what day will I be considered out of status by USCIS? Will it be my last working day (31st January) or will it be the day my payroll is processed and I receive my pay check (20th February)?

Thanks

[raghvi]

Hi,

I am working with a company on a H1B visa. I needed to go back to India for a short term and requested a sabbatical from my employer for the same. My employer has approved my request. I want to will be working with my employer till the end of January for which I will receive my pay check on 20th February due to the company's payroll processing schedule.

My question is from what day will I be considered out of status by USCIS? Will it be my last working day (31st January) or will it be the day my payroll is processed and I receive my pay check (20th February)?

Thanks

Till the last working date.

This is my opinion not legal advice.

[newacct]

It will be 60 days after your last working day (assuming your I-94 doesn't expire sooner), according to rules that recently went into effect.

[Elena Boyarkina]

It will be 60 days after your last working day (assuming your I-94 doesn't expire sooner), according to rules that recently went into effect.

I was laid off as of January 4. Do you know if this rule will be applicable to my case?

[newacct]

I was laid off as of January 4. Do you know if this rule will be applicable to my case?

No it took effect January 17, 2017.