Hi, my colleague got laid off today but company is ready to not withdraw her h1b without paying wages. Is her 60-days grace period starts or does it start only after company withdraw?
She had plans to visit India for h1b stamping next week and if grace period starts she has to stay here to find a new employer.
As soon as the employee is let go, that’s when the grace period starts. They do NOT have to withdraw the H1B. You need to maintain status on H1B visa, if you are not working, then you are not maintaining status…She cannot go stamping as she does not have a job now…she needs to find a new sponsor and get H1B.