agentred

Hello everyone,

I'm a British citizen on an H1 since last year and have just been offered a position back in Europe. My question is about the timeline for quitting.

Apparently, as soon as I quit I have to leave the US, but what does that mean? If I quit on Monday morning I have to be on a plane Monday night? Really?

If I do have to leave immediately, can I fly to Canada for a day and then re-enter on ESTA? Because I'd like to spend two or three weeks selling my furniture, packing up etc. but don't want to do anything which would annoy customs or jeopardize future visits to the U.S.

There's no rush since I'd like to stop working end July and leave end of August. I can also contact an immigration attorney if this is especially complicated, but I figure there has to be a precedent or someone who's been in a similar situation.

Many, many thanks in advance,
AR

crg

A timely form I-539 to change status to visitor would keep you lawful while you settle your affairs.

agentred

Ah excellent, thank you crg.

Do you know which status I would be adjusting it to? I might just hire an attorney to do it for me... are Fong/Folinksy/the other board attorneys still around?

scrubbedexpat099

b2?

agentred

Thanks! Yeah I've heard transferring from an H1 to a b2/visitor visa is extremely difficult to do. But I might be wrong!

scrubbedexpat099

Where did you hear that?

Noorah101

It's not difficult. It involves filing the I-539, that's it.

Rene

agentred

D'oh, I should stop believing things I've read outside of be.

Okay, I think I'll file the I-539. It looks pretty easy, while attorneys are charging $900-1300 to do it for me. I know the gold standard is to always go pro, but hmmm... has anybody here filed it by themselves?

EDIT: ah screw it, I'll pay the attorney and save myself the potential headache.

Thanks for the help everybody!!!! Very prompt and useful.

crg

You really don't need a successful I-539 to accomplish what you want. You need a timely and non frivolous application. If you only need a few days or weeks then it's likely that you'll depart the US before the decision is made and you're usually in status when CIS is thinking about it. There is an unwritten 10 day grace period after work stops to get out. How much time is needed?

agentred

Thanks for the prompt follow up. I'd only need 2 or 3 weeks - quit in July, leave in August.

I'm even pretty sure I could apply successfully by myself, but just in case it's denied, will that screw up all future ESTA and visa applications? Because I'll have to tick 'yes' to the 'have you ever been denied a visa..' question, right?

crg

An extension or change of status is not a visa application so having one denied is not a visa denial. A visa is an entry document. So that wouldn't trigger a yes response on an ESTA.

Promptly departing following a COS denial would not normally be considered out of status. The denial notice often tells the person to leave within 30 days.

agentred

Okay this is sounding more and more appealing. I just idly filled out the form and didn't hit any snags... hmmm.....

Will take a closer look tonight but this has, again, been extremely useful and I very much appreciate the responses.