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H1B Status after resignation

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  • H1B Status after resignation

    Hello all!
    I am currently on an H1B visa working with a company here in the US, but I am thinking of quitting soon. From what I've heard so far, it looks like once I resign, I am immediately out of legal status in the US, and have to leave immediately. Is this true? Or is there some leeway to this? I have also heard that a person can stay a maximum of 30 days. Is this situation specified in the law somewhere?
    I want to make sure I do not jeopardize my ability to return to the US in the future.
    Thanks in advance for all your help. I really appreciate it. I have searched high and low and still have not found a solid answer to this question.

  • #2
    Hello all!
    I am currently on an H1B visa working with a company here in the US, but I am thinking of quitting soon. From what I've heard so far, it looks like once I resign, I am immediately out of legal status in the US, and have to leave immediately. Is this true? Or is there some leeway to this? I have also heard that a person can stay a maximum of 30 days. Is this situation specified in the law somewhere?
    I want to make sure I do not jeopardize my ability to return to the US in the future.
    Thanks in advance for all your help. I really appreciate it. I have searched high and low and still have not found a solid answer to this question.

    Comment


    • #3
      There is NO grace period after an H-1B nonimmigrant resigns, is laid off, gets fired, etc. That is a myth. Technically, you're supposed to board the plane as soon as you quit work. You definitely don't want to jeopardize your ability to obtain another visa in the future. So, if you want to quit, make sure you plan your exit strategy. Also check your employment contract if you have one. Some employers ask for some money back for legal expenses (but not for the H-1B fee, as that is to be paid by the employer). However, the employer should provide for return transportation.

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      • #4
        Thanks for the info. I've also heard that in order to stay in the US after resigning, one can apply for a change of status to, say, a B-1/2 visitor's visa. Has anyone done this before? Can you apply in advance, or can you only apply after you are out of status?

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        • #5
          why dont you find another sponsor instead?

          i dont know what your plans are... but dont you want to stay here? before you resign you have to find ways to secure your post...

          and if you intend to stay here.. why on a B1/B2? dont you want to work?

          just curious....

          Comment


          • #6
            Changing from H-1B to a B is a major no-no. It is almost impossible to get it approved. I don't understand why, if you want to quit, you can't either (a) find another employer willing to sponsor you for a change of employer H-1B (as Prestige suggested) or (b) adhere to the conditions of the H-1B (that is, to go home once you quit).

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            • #7
              NYC Immm ... you are in New York right?

              I am in NYC too... we should hang out one time..

              later...

              Comment


              • #8
                Well, I'm basically resigning to take up a job offer back home. However, the job might require me to travel to the US sometime in the future. That is why I don't want to do anything that might screw up my visa application in the future.
                So, after I resign from here, I will leave pretty soon, but I will still need some time (a week or so) to sort out everything here before I actually leave. If possible, I would also like to do some travelling, but it looks like that may not even be possible. Shucks..

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                • #9
                  If you havn't already made it apparent to your employers that you are leaving and if your employment is "at will" basis, why don't you take what ever leave you are left with to travel and sightsee / sort things out, and then quit from your job?

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