1. USCIS expects to see the last 3 payslips to determine the start of the 60-day grace period
A reader asks:
I have been in this company for three years. I had to wait for a year before my green card process could begin. It took 10 months to prepare and submit the PERM application, which was submitted in November 2023 while my H-1B extension was still pending. The company notified me on the same day that my separation date was immediately effective, but they would keep me on the payroll for 5 months. However, this does not help me continue my green card application. I consulted the company’s lawyer and asked if they could help push through my I-140. The lawyer said that it depends on the company’s decision and the chief officer. I hope the company will extend my last working day and assist with the I-140 process. I have scheduled a meeting with them, but my expectations are low.
The lawyer said that my grace period actually started on my termination date, but neither the lawyer nor the company will report to USCIS. He implied that I could use the payroll paycheck date to transfer my H-1B, but I don’t want to take the risk, so I plan to switch to a B-2 visa in a month. I just spoke with the chief officer and learned that the company will not support my I-140 application. I’m now preparing to find a new job. The lawyer mentioned that my grace period starts from the day I was terminated, but my H-1B expired in December last year, and the extension is still pending. Does that mean my grace period actually started from December last year?
Alan Lee, Esq. answers,
During the time that a H-1B extension application is pending, the beneficiary still considered in H-1B status as long as he or she is still with the company. In your situation where the company has separated you during the time of extension, you are given 60 days grace period to find and file a new H-1B petition or take any other action to keep legal status or leave the country. For a new employer to file a H-1B transfer petition or for you to file for a B-2 visa status, USCIS expects see the last 2-3 payslips to determine the start of the 60-day grace period.
2. What to do if I haven’t received the filing receipt for over 1 month?
A reader asks:
I submitted I-485, and now I haven’t received the receipt. It has been a whole month, and the immigration office has not deducted any money, and I have not received a receipt; there is only a confirmation from UPS, and the location is the Chicago office. What should I do?
Alan Lee, Esq. answers,
If your case was delivered to the Chicago office, which is a lockbox, you can attempt to contact USCIS at lockboxsupport@uscis.dhs.gov and perhaps be able to obtain some idea of what has happened to your case. You may wish to initially check whether you sent the package to the correct address. If it is only one month, you may wish to wait another one-two weeks to take into account workload spikes, especially around the holidays.