H 1 B question - Need urgent help

singleton · Post by **singleton** » Fri Oct 12, 2012 11:34 pm

Hi,

I am resigning my current job in US and planning to go back to India. I am on H-1 B visa and my last working day will be 30th Oct. I have booked my tickets to Chennai from JFK for 31st Oct.

Now I read somewhere that it is illegal to stay even for 1 day after your last employed day. How true is this? Does this mean I have to move out of US on 30th itself? :(

Kelvin Freeze · Post by **Kelvin Freeze** » Sat Oct 13, 2012 12:14 am

singleton;476781Hi,

I am resigning my current job in US and planning to go back to India. I am on H-1 B visa and my last working day will be 30th Oct. I have booked my tickets to Chennai from JFK for 31st Oct.

Now I read somewhere that it is illegal to stay even for 1 day after your last employed day. How true is this? Does this mean I have to move out of US on 30th itself? :(

Technically, as per the law, there is no grace period. But USCIS officers use their discretion and usually overlook very short overstays.
If you want to be absolutely sure, you can apply for B-2 status on the last date of employment. That will keep you in status

theMan · Post by **theMan** » Sat Oct 13, 2012 12:18 am

Seriously, don't worry this much. There has to be some common sense when applying the law. What if all the flights out of US are booked on the 30th:wink

Froogle · Post by **Froogle** » Sat Oct 13, 2012 12:39 am

singleton;476781Hi,
I am resigning my current job in US and planning to go back to India. I am on H-1 B visa and my last working day will be 30th Oct. I have booked my tickets to Chennai from JFK for 31st Oct.
Now I read somewhere that it is illegal to stay even for 1 day after your last employed day. How true is this? Does this mean I have to move out of US on 30th itself? :(

It is allowed illeagal stay for reasonable time (not written rule). If you are resigning then it is fair to assume you will not use this H1B petition again and not filling for new/renewal in near future. So when you apply for a new petition this illeagal stay will be not be counted.

Chakraan · Post by **Chakraan** » Sat Oct 13, 2012 1:20 am

When is your H1 and I94 expiring?

If they are still valid on 31st of Oct, then don't worry to much.

farfromhome · Post by **farfromhome** » Sat Oct 13, 2012 6:15 am

You are not staying even for a day. You are leaving within the next day :).

Few options you have.

1. Ask your company to change your relieving date to 31st October (though you are resigning on 30th). I hope they heed to such small requests.
2. Your payslip would technically be for 16th Oct-31st October which should help your case.
3. I have shared my experience here in the thread below. I resigned on Oct. 1st and left US on Oct. 27th (2010) because I needed time to rollover 401K, pension etc. These need time and can only be done after quitting your job. Since the period was around 3/4 weeks, I applied for B2 visa. In your case, I think it might be a bit too much to apply for B2 for a day.

http://www.r2iclubforums.com/forums/showthread.php/21247-Urgent-Advice-re-H1B-Status-after-termination-of-employment

farfromhome · Post by **farfromhome** » Sat Oct 13, 2012 7:57 am

Chakraan;476788When is your H1 and I94 expiring?

If they are still valid on 31st of Oct, then don't worry to much.

Your H1 and I-94 are invalidated the moment you quit the job. Been there done that :). Check the link from my previous post.

As I mentioned in my earlier post, 1 day should be OK because you are leaving the next day after you quit. singleton can always use the excuse that it takes a day to get to JFK airport by road :) (again talking from personal experience. Minimum travel time : 3/4 hours from Jersey City, NJ).

Chakraan · Post by **Chakraan** » Sat Oct 13, 2012 10:13 am

farfromhome;476812Your H1 and I-94 are invalidated the moment you quit the job. Been there done that :). Check the link from my previous post.

Right, but you don't have to be Raja Harishchandra always.

What I meant, if they check the the passport at airport, they will see that it is still valid and additional questions can be avoided.

farfromhome · Post by **farfromhome** » Sat Oct 13, 2012 6:06 pm

Chakraan;476818Right, but you don't have to be Raja Harishchandra always.

What I meant, if they check the the passport at airport, they will see that it is still valid and additional questions can be avoided.

It is not a question of being Harishchandra or so

You have two choices,

1. Take a non-chalant attitude and don't do anything but always have it in back of your mind that what will happen if at all you return to US.
2. Do some work, apply for the visa. Spend $300. Make sure that your records are clean and sleep peacefully at night.

I prefer the second option as it doesn't cost much to be Raja Harishchandra but the respective choice lies with the individual :).

In passing, read this post from PG. You will understand the severity of the situation.

PeterGriffin;333312My BIL went through hell last year when he lost his job and he had exactly one week to leave the country. We contacted an attorney and the attorney asked him to apply for a tourist visa. His wife's company asked them to leave immediately as they were applying for her H1 and they did not want the tourist visa to also be processed while the H1B was being processed. Poor guy canceled his tourist visa application and left for India immediately leaving me a PoA for his car and the valuables in his apartment. His wife's company called a couple of days after his arrival in India and told them that they have decided to not go through the hiring process at the time due to budget issues. It was a very frustrating time for his family.
Anyways, long story short, that is where i learned that one has to apply for a tourist visa to buy extra time.

ablautchalen · Post by **ablautchalen** » Sat Oct 13, 2012 7:11 pm

Singleton - one day should not be a prob at all
Both while leaving or entering US.
Enjoy your trip!!