H1B Visa : quitting job : How long can I stay in US

V

vamsikv

New Member
Hi,

I have a question regarding H1B visa issues. I am planning to quit my current job. However I want to stay back two more weeks after I quit, wrap up things here and then leave US. Is this legal/OK ? From http://www.immigration.com/newsletter/h1bholder.html it is clear that I will be out of status, the moment I quit my job. My question is how long can I legally remain out of status and still remain in US. If this is not OK, then what can I do to stay back for 2 weeks ? I dont want to do anything that'll jeopardize my chances of entering US later on in the future. I'd greatly appreciate if anyone can respond to this.

Thanks in advance,
Vamsi.
 
file for vacation for 2 weeks... as long as you are on the payroll and getting paid you are in status. Post date your resignation for a future date when your vacation ends...

Ask your boss to let you work overtime for a few weeks in return for 2 weeks of vacation time... or use your sick days and post-date your resignation.

USCIS sometimes overlook 2 weeks OOS but it's no guarantee, and you could get into trouble when you apply for another H1 in the future, although usually if you stay out of the country for a year or so, they won't care that much anymore as you are subject to a new cap and your current status doesn't matter (meaning you can't re-use your same h1)
 
paulo27 thanks a lot for the info! btw, I just found that I can file an application for B-2 visa and remain in status while that is being approved. is this correct ?
 
yes but if it gets denied, you are Out of status retroactively... don't take the risk...
a friend of mine just got her extension denied and she is now 3 mos OOS thinking that her b2 extension gets approved...
 
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