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 H1B Question
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Posted on 11-28-07 10:46 AM     Reply [Subscribe]
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Does anyone know what happens to your status if you quit your job when you're on a H1B visa? How long grace period do you have to find another job or leave the country?
 
Posted on 11-28-07 11:09 AM     Reply [Subscribe]
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I think you have 60 days grace period to either one.
 
Posted on 11-28-07 11:12 AM     Reply [Subscribe]
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As per the immigration law, a person in out of status immediately the position is terminated.

There isn't any so called 'grace period' after that. USCIS has proposed 60 days time as grace

period but this hasn't become law yet. With the same fact mentioned, theoretically person should

immediately leave the US soil.

But leaving county immediately is not practical, lawyers suggest 10 business days is reasonable

time to wrap-up the personal affiars in the US before leaving the country.

As per the question of finding new job, I am not certain on this. As your current H1B status is

terminated, I don't think you can apply for H1B transfer. Your new sponsor may file petition for

new H1B, but as per my understanding, that won't be possible for this year. I think, this needs to

go as a new H1B application pertaining to H1B cap.

 

This response is simply an information as per my knowledge, better consult a lawyer.

 
Posted on 11-28-07 11:19 AM     Reply [Subscribe]
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I know someone who recently went through the exact same situation. You have 10 business days as per the lawer my friend consulted but if you  were Fired  from the JOB then your H1B is cancelled  or cannot be transferred . But incases of lay off you can request your company to keep the H1B for a little longer and not notify the INS.  This will buy you some time. Most employers will deny teh request as it is illigal to keep anyone in H1B without the payroll. Within the 10 days of the period that you don't get paid you can apply for H1B from a new job/ company for transfer. If the process if initiated within the 10 BUSINESS DAYS, Then you are Safe. Most of the Madisey company will work with you in this kind of situation so talk to them for the H1B transfer incase you were LAID OFF.
 


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