Context: My EAD is ending and I would be moving to another country with my current employer. They have asked me to apply for PTO after the EAD end date and before start date (in another country) so that I remain on the payroll. I would be in the US for a week or so after the EAD end date. Is it legal for me to take PTO after EAD end date? My company's Immigration department is not answering this and asked me to consult a lawyer.
It's legal to receive earned PTO after your EAD expires, as it represents payment for past work, not new employment. However, your legal stay in the U.S. after EAD expiration depends on your underlying visa status (e.g., grace period for OPT/STEM OPT). If your new employer is abroad, your H-1B transfer will involve consular processing, requiring you to get a new visa stamp outside the U.S.