H1B Grace period start point : Last service date Vs Last pay-stub date

USA H1B Visa
1
  • My H1B (I797) expiry is April 2022
  • My last service date at my current company was 11th June 2020
  • I am on salary continuation till 31st July 2020, so as per pay-stub my last day will be 31st July 2020
  • My experience letter will state my last employment date as 31st July 2020
  • If someone calls to my company to verify my employment, they will state my last day as 31st July 2020
  • My company confirmed that they will withdraw my H1B petition only after 31st July 2020

I know that as per USCIS guidelines, 60 days grace period starts from last service date, which is 11th June 2020.

Questions :-

  1. Keeping in mind all above points, I am wondering how USCIS will come to know whether my last employment date was 11th June (and not 31st July) ?
  2. None of the documents speaks or state anywhere the date 11th June, so what will trigger USCIS to think about my last service date and all that ?
  3. If it is not practically possible for USCIS to find my exact last date, then can’t I not take a chance (worst case scenario) and count my 60 days grace period starting from 1st Aug 2020 (and not 12th June) ? - that way I will have till 30th Sept to find a new job.
2
  1. They may or may not come to know…If you know the truth, you should stick to it and do not try these workarounds. It can be risky.
  2. As I said, you are only looking at it from documents side, I would say, stick with the actual date.
  3. Well, you speak to an attorney and take a call.

There are thousands of students, who got into trouble after many years because they took a letter to hide few days of unemployment and they are banned for life to enter US as they misrepresented facts. In your case, it may or may not happen. But, if you know the facts, do not try to bend them and create doubts for yourself…Make it clear and be truthful.