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  1. #1
    Join Date
    Aug 2005
    Posts
    5

    Default How Long Do I Have To Leave The Country If My H1B Is Cancelled

    I am on a H1B visa. If I quit my job or get fired before the visa expires, how long do I have to get out of the country? Can I immediately come back as a tourist and get my things in order (sell my car etc)? Thanks.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Termination of Employment and H1-B Visa

    The USCIS does not grant a grace period following termination or lay-off of a worker present in the U.S. on an H1-B visa.

    You may wish to look into your eligibility for the following visas:

    It may be possible for the individual to change their status to one of the following categories:

    * F-1 (Student)
    * F-2 (Dependant of an F-1 spouse)
    * H-4 (Dependant of an H-1B spouse)
    * B-1 (Business status)
    * B-2 (Tourist)

  3. #3
    Join Date
    Aug 2005
    Posts
    5

    Default DO I have to leave the US the same day I quit/get fired?

    Thanks for your reply, btu I'm still not sure about this. Obviously I can't be expected to buy a same day air ticket out of the US so exactly manyhow days do they give?

    Can I change my status to a tourist within the US ro do I have to leave? Is there a form I need to fill out if I want to do this? Thanks!

  4. #4
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Hello,


    You have 0 days to leave the U.S. after your H-1B employment is terminated. However, many times, the USCIS grants 10 days. USCIS is supposed to give an extra 10 days on the I-94, but if they do not - he is out of luck. You may want to try to use section 8 CFR 214.1(c)(4).

    You may want to change your status to any other applicable nonimmigrant status. Student status (F-1) is more realistic given the current immigration situation.

    This reply is in the nature of general information, not legal advice and should not be relied on as such.

  5. #5
    Join Date
    Aug 2005
    Posts
    5

    Default Employer fires me/I quit - time to leave the U.S.

    Thanks for your advice.

    A final follow-up question: If my employer fires me and I am supposed to leave the U.S. THAT DAY, are they required to provide me with a ticket to my home country for that same day? It seems quite ridiculous and it makes me want to quit my job immediately. I've never felt so unsure of my circumstances! Is it possible to be on a tourist visa or student visa at the same time as a H1B visa?

    Many thanks again!

  6. #6
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    You are right about the impracticality if not impossibility to be fired and your ability to leave the U.S. the same day. It seems that 10 days is a typical period granted by the USCIS.

    Yes, your employer must pay for your tickets home.

    You should consult with an immigration attorney prior to filing your papers.

  7. #7
    Join Date
    Aug 2005
    Posts
    5

    Default

    Thanks a lot - I'm not sure which papers you are referring to that I file. Is it to do with being fired and wanting the employer to pay my airfare home? Should I consult an immigration attorney immediately to get something in place if they decide to fire me? You know, my employer is the type to refuse to pay my airfare home - how can I let them know that they should pay for it without encouraging them to fire me?

    Many thanks!!!!!

  8. #8
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    You should think if you want to raise the issue of tickets with your employer prior to the official termination notice...

    In general, the employer should cover your plane tickets home, if you are fired.

    No papers should be filed with the USCIS.

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