Grace Period H1B RFE - Pay Slips?

Hi Kumar,
I got terminated on Dec 13 2019(had Visa valid until March 31st 2020) and got transferred my H1B to new employer and got receipt on 02nd Jan 2020. I joined with receipt on Jan 15 2020. Upgraded my case to premium on Feb 27 2020 but got RFE on Mar 3rd 2020 requesting Maintenance of stay.

Question asked by USCIS – Send confirmation that you were in status from oct 2017 to Jan 2 2020 the receipt date. I have all my payslips and W-2 to show that , but don’t have from Dec 13 2019 – Jan 2 2020, Can I send them that I was observing 60 days grace period as I had Valid I-94 at that time and will my case be considered and Approved ?
Should I take any precautions before sending the RFE response ?

It is good to mention it clearly in a letter stating that you got terminated and attach Lay off letter or something and then request saying that you were in 60 days grace period. You need to mention that clearly in letter, otherwise, USCIS would not give you continuation with I-94. It is always up to their discretion, so you need to clearly mention the event. Discuss with your attorney and compose the response accordingly.

Hi ,

I am also in the same boat. Could you please let me know what happened to your RFE case.
I hope you got approval finally.

Below is my case and couple of questions:

My Last working day was 29th Dec 2020 With last employer.

Does H1B 60day grace period starts from LAST WORKING DAY (29th Dec 2020) ?

or based on LAST PAY PAY SLIP Period end date? i.e. 12/28/2020 - 1/3/2020 ?

My new employer has filed the H1B transfer petition, But it is delayed due to Winter storm. , can I stay couple of days over the 60 days grace period while I am waiting for my H1B Transfer package to be delivered to USCIS ?

Hi ,

I am also in the same boat.

Below is my case and couple of questions:

My Last working day was 29th Dec 2020 With last employer.

Does H1B 60day grace period starts from LAST WORKING DAY (29th Dec 2020) ?

or based on LAST PAY PAY SLIP Period end date? i.e. 12/28/2020 - 1/3/2020 ?

My new employer has filed the H1B transfer petition, But it is delayed due to Winter storm. , can I stay couple of days over the 60 days grace period while I am waiting for my H1B Transfer package to be delivered to USCIS ?