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!
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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
