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View Full Version : May I stay back in the US for a week after quitting job - currently on H1B


digneous
04-29-2015, 01:36 AM
Hi - I am currently on H1-B visa - my work permit (I 797) is valid till 30 Nov 2015. (I do not have updated stamped visa since i did not leave US after getting my visa extension). I am planning to quit my job in August - however, I am planning to stay back a couple of weeks before I leave for my home country. Is there any legal way I may extend my stay in US after I quit my job (either applying for non-immigrant status change from H1 B to B2 or by submitting I 539). Please advise. Thanks.

Flyingcrow
04-29-2015, 01:11 PM
Hi - I am currently on H1-B visa - my work permit (I 797) is valid till 30 Nov 2015. (I do not have updated stamped visa since i did not leave US after getting my visa extension). I am planning to quit my job in August - however, I am planning to stay back a couple of weeks before I leave for my home country. Is there any legal way I may extend my stay in US after I quit my job (either applying for non-immigrant status change from H1 B to B2 or by submitting I 539). Please advise. Thanks.


digneous, Yes it is possible to convert to B2 but you must have an intent like settling mortage etc or visiting a relative or pure tourism. But it can be denied as well for like any visa.

bikram_das_in
04-30-2015, 11:20 AM
Hi - I am currently on H1-B visa - my work permit (I 797) is valid till 30 Nov 2015. (I do not have updated stamped visa since i did not leave US after getting my visa extension). I am planning to quit my job in August - however, I am planning to stay back a couple of weeks before I leave for my home country. Is there any legal way I may extend my stay in US after I quit my job (either applying for non-immigrant status change from H1 B to B2 or by submitting I 539). Please advise. Thanks.

When you quit your job your employer still has to cancel your H1B which may take about a month. Make sure you leave within 30 days.

Flyingcrow
04-30-2015, 11:41 AM
With due respect I would like to disagree.

Even when the company might take time to send revoke notification to the USCIS a bit later, the last date of your employment is what matters. And any day that you stay after the Employment last date amounts to being 'out of status'.

This is not an issue if you are not planning to come back ever, but if you want to come back in future on another visa term, its advisable to switch to a business visa to wrap up your activities here.

There might be stories of people who did not have issues by overstaying for a week or do, without filing for a new visa, but these are exceptions. If you want to go by the book and not be in trouble, make an official status change.

spicy_guy
04-30-2015, 01:24 PM
with due respect i would like to disagree.

Even when the company might take time to send revoke notification to the uscis a bit later, the last date of your employment is what matters. And any day that you stay after the employment last date amounts to being 'out of status'.

This is not an issue if you are not planning to come back ever, but if you want to come back in future on another visa term, its advisable to switch to a business visa to wrap up your activities here.

There might be stories of people who did not have issues by overstaying for a week or do, without filing for a new visa, but these are exceptions. If you want to go by the book and not be in trouble, make an official status change.

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