Within how many days do I need to leave US once I resign from my job as H1B

[cicuser]

Hi members,

I am on an H1B visa in the US with a Canadian PR. I am planning to leave my job and relocate to Canada in June.
It is my understanding that after the last day of my job, I am no longer an H1B and my status is not legal. I have heard/read quite a bit about 10 (or sometimes 60) days grace period that USCIS gives to H1Bs to transition between jobs (or find a new job in case they get laid off). Since I will not be transitioning to another H1B role, but actually leaving the country, my question is how many days would I have to wrap up my affairs and leave the US. Also, is there any memo/rule that cites this scenario?

Members who have already made this jump from US to Canada (while leaving their H1B status) or know about the legalities around this issue, kindly advice.

Thanks in advance

 

[Nick1233]

Hi members,

I am on an H1B visa in the US with a Canadian PR. I am planning to leave my job and relocate to Canada in June.
It is my understanding that after the last day of my job, I am no longer an H1B and my status is not legal. I have heard/read quite a bit about 10 (or sometimes 60) days grace period that USCIS gives to H1Bs to transition between jobs (or find a new job in case they get laid off). Since I will not be transitioning to another H1B role, but actually leaving the country, my question is how many days would I have to wrap up my affairs and leave the US. Also, is there any memo/rule that cites this scenario?

Members who have already made this jump from US to Canada (while leaving their H1B status) or know about the legalities around this issue, kindly advice.

Thanks in advance

I tried my best to find this back in 2018 but no luck, even lawyers couldn't confirm. I played it safe and left in 9 days primarily driving coast to coast.

 

[cicuser]

@Nick1233 Thank you for your reply. It is depressing to hear that even leaving H1B status is fraught with stupid immigration law cracks that you may fall through even while trying your best to follow all laws. Have you ever tried to enter the US since then? Or even applied for another US visa (B1, B2, TN, or H1)? I want to understand if there is any implication of this supposed 9-day "overstay" in the US. As a techie, I foresee travel to US (for meetings, conferences, or work) to be a part of my professional life and want to make sure that I do not do anything to make that process harder than necessary.

 

[Nick1233]

@Nick1233 Thank you for your reply. It is depressing to hear that even leaving H1B status is fraught with stupid immigration law cracks that you may fall through even while trying your best to follow all laws. Have you ever tried to enter the US since then? Or even applied for another US visa (B1, B2, TN, or H1)? I want to understand if there is any implication of this supposed 9-day "overstay" in the US. As a techie, I foresee travel to US (for meetings, conferences, or work) to be a part of my professional life and want to make sure that I do not do anything to make that process harder than necessary.

Hear you, been there, done that. I did want to use 60 days as a vacation and travel within US but played it safe.

Yes, subsequently i did apply for B1/B2 and i was asked if i headed directly to Canada after leaving US. 9/10 day overstay shouldn't be a problem. They didn't even seem to care. In my case, i had quit few months before my H1 expiry and that made my "intent to leave US" obvious during B1/B2 interview.

If you really want to spend time, safer to change status to B1/B2 but given situation, it might not even be worth it.

 

[cicuser]

@Nick1233 Thanks again. Relieved to hear that 9-10 days should be okay. I will try to keep the number of days between resigning from my job and my last day in the US to be as small as possible.

 

[sach429]

@Nick1233 @cicuser this thread has been helpful to evaluate my current situation. A related question, can I start working remotely for the Canadian company, in those few days between resigning and leaving US without applying for a B2 visa or will that be considered illegal?

 

[Nick1233]

@Nick1233 @cicuser this thread has been helpful to evaluate my current situation. A related question, can I start working remotely for the Canadian company, in those few days between resigning and leaving US without applying for a B2 visa or will that be considered illegal?

Sorry no idea about working for a foreign company in US after quiting H1B job or even B2 visitor visa for that matter. Better to consult lawyers.

 

[rj16]

@Nick1233 @cicuser this thread has been helpful to evaluate my current situation. A related question, can I start working remotely for the Canadian company, in those few days between resigning and leaving US without applying for a B2 visa or will that be considered illegal?

You cannot work when you’re in the US. Any work when physically present in the US has to be done under US Immigration laws. So even working for foreign companies is not allowed.