The 60-day grace period allows certain visa holders, including H-1B, L-1, O-1, E-3, and TN visa holders, to remain in the United States for up to 60 days following the end of their employment to either file for a transfer to a new employer or change their visa status.

To prove or count the start of the 60-day rule:

1. Termination Date: The grace period begins on the last day of employment. This date is typically indicated in the termination notice or the end date of the employment contract.
2. I-94 Departure Record: Visa holders can check their electronic I-94 departure record online to confirm the expiration date of their authorized stay. You must file a transfer or the change of status petition prior to the expiration of the I-94. 
3. Employment End Date Confirmation: If applicable, obtain documentation from the employer confirming the end date of employment, such as a termination letter or employment contract.

• • The 60-day grace period, which allows certain visa holders to remain in the United States following termination of employment or authorized stay, begins from the formal date of termination as well as the date on the final pay stub.
  • It's crucial for visa holders not to solely rely on when their employer notifies USCIS for withdrawal of their H-1B visa, as employers may delay filing the withdrawal for up to a month or two after termination. In such instances, visa holders may find themselves in a precarious situation, potentially overstaying their authorized stay without realizing it.
  • In cases where the employer delays filing the withdrawal, visa holders are encouraged to take proactive steps to protect their status. This may include advocating for back wages through the Department of Labor (DOL) and petitioning USCIS to grant status since there was no bona fide termination.

Consult with an Immigration Attorney: For specific cases or if there is uncertainty regarding the start of the 60-day grace period, consulting with an immigration attorney experienced in visa matters can provide clarification and guidance.

During the 60-day grace period, visa holders are permitted to remain in the United States to make arrangements for their next steps, such as finding new employment, departing the country, or filing for a change of status. It's essential to adhere to the guidelines and regulations governing the grace period to avoid overstaying and potential immigration consequences.