In response to Jack Swagger being advertised for indy events, WWE issued the following statement about Swagger's status with the company:

“Jack Swagger has not been granted a release from his WWE contract. When he is granted his release, Jack Swagger will remain under exclusive contract to WWE for 90 days and will be compensated accordingly during that period.”

As you can see below, Swagger is being advertised against Alberto El Patron for an upcoming indy event: