Understanding the 60-day rule and the possible interpretations of when this time period begins is critically important for laid-off workers. This calculation is very important for an H-1B worker and their new sponsoring employer, to ensure timely filing of a transfer application or change of status application, without USCIS finding a violation of authorized stay and denying such filing. The immigration regulations (8 CFR 214.1(l)(2)), dealing with the 60-day grace period, references “cessation of employment” as the start date or triggering event for counting this window. Let’s dig into this.
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