Hoboken, NJ asked in Immigration Law for New Jersey

Q: If I voluntarily resign my job while on H1B, can I make use of the 60 day grace period to stay in the US?

Hello everyone! I have been on the H1B with a stamped visa in my passport since Oct 2020. I am planing on quitting my job this month due to a toxic work environment.

1. Am I able to stay in the US legally for 60 days to wrap up things here after quitting the job, despite not being fired? There seem to be mixed opinions on this.

2. Will I be able to apply for jobs from my home country and refile cap-exempt? I consulted with a lawyer who mentioned I may be able to keep my H1B petition number for 6 years starting the initial approval date.

3. Will making use of the 60 day grace period right now (if I have access to it) jeopardize my chance of getting another job on the same H1B petition number?

Thank you so much for your help!

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3 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ
  • Licensed in New Jersey

A: The petitioner is the employer. So, the petition is unique that way.

To answer the rest of your questions, you should speak with an attorney, allowing them to analyze all the facts.

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: You’re sponsoring company assigned you an immigration attorney, that person is very familiar with your immigration visa face. You need to reach out to that license professional to discuss every legal variation of your perspective plan.

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: If your company has an immigration attorney then your question needs to be directed to that attorney. Otherwise, you need to consult or retain an experienced immigration attorney to determine your exact options.

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