Redundancy and departing the US
 

I’m currently on an E1 visa having been in the US since Dec 04 and redundancy appears to be just around the corner. As best as I can tell, my visa options for a prolonged and employed stay are limited. Looking forward, the time to return back to our green and pleasant land has probably arrived.

My question surrounds the amount of time that is legally available to me to wind down my US interests, particularly property disposal.

I presume that my visa remains valid until such time as my employment officially ends. At that point do I have the option to leave the country and return on a tourist visa for a limited period?

Re: Redundancy and departing the US
 

I believe you can adjust status to a visitor visa without leaving the country. Someone with more knowledge will either confirm or dispute that assertion.

Re: Redundancy and departing the US
 

When my OH was let go from his position on a H1B he applied for a B2 to wind up his affairs. It took 4 months for the approval notice to come through, which was granted for 6 months from date of submission of application. He was landlocked during this time (6 months) and fortunately his new visa came through 5 days before the expiration of the B2. Even if they deny it probably gives you a bit of wiggle room - the bummer is being landlocked if you are really planning to leave and set up elsewhere.

Re: Redundancy and departing the US
 

Change of Status to B2, would probably be allowed in this instance and be good for 6 months.

Technically you're given around 10 days to depart once you're fired other wise.

Re: Redundancy and departing the US
 

I assume you mean "status" rather than "visa."

Notionally speaking, one goes out of status instantly. However, that said, one does not accrue "bad time" for the unlawful presence "clock" because the set date on the I-94 has yet to expire.

So, I would say that, as a practical matter, one has a "reasonable" amount of time to wind up affairs and then depart voluntarily.

Re: Redundancy and departing the US
 

Hang on,

If I got fired right now (I'm on an H-1b currently) I would have until the date on the I-94 to bugger about?

I always thought I had no more than 10 days to pack up shop.

Re: Redundancy and departing the US
 

If you don't mind being in the USA out of status. You wouldn't be able to work, and you probably shouldn't be doing anything to bring yourself to any official's attention, such as driving or flying.

Rene

Re: Redundancy and departing the US
 

No. Even with time left on the I-94, you'd be subject to removal for failing to comply with the terms of your nonimmigrant status. However, you would normally not accrue unlawful presence toward a 3 or 10 year bar caused by "overstaying" your lawful period of admission. Of course, you have to get out in one piece. Also, even though there is no automatic bar until unlawful presence accrues for someone who makes it out in one piece, the prior violation can be factored in when they decide to grant another visa, or grant or deny admission to the US in the future. If you violated before, they may be concerned you would violate again.

Re: Redundancy and departing the US
 

There is a regulation mentioning 10 day fudge factor on the time to be given on either end of the petition validity.

The issue would often come up in a situation where the person leaves the job and lands on their feet with another job in short order. For example, lets say that OP is made redundant but gets an offer from a similar company engaged in E-1 trade -- a 15 day gap would probably fly, but 90 days would not for a change in status. However, OP could get leave and get a new visa.

Also, 245(k) alleviates the matter somewhat for out-of-status time precluding adjustment of status. However, one needs to know the date to start the 180-day clock of that section.

FWIW, F-1 status specifically adds 60 days to being in valid status.

Re: Redundancy and departing the US
 

Just to clarify. F-1 adds 60 days if the person finishes the course of study, but only 15 days if the designated school official allows the student to withdraw from school, and zero days if the student is terminated from the course of study.

Re: Redundancy and departing the US
 

Thanks everyone for taking the time to respond. :thumbsup:

If I read the above correctly my visa ceases to be valid upon the final day of my employment. At this point I have the option of:

i) A few days (but no more than 10) to leave the country without potentially creating aggravation with regard return visits
ii) Applying for a B2 Visa
iii) Eating into some time outstanding on my I-94, but not taking the proverbial

With regard the B2 Visa, am I eligible to stay in the country while awaiting the approval notice and is the processing time really 4mths?

iii) above does not appeal as I don’t need the stress of living an unlawful existence, but out of curiosity whenever I leave the country the I-94 card is removed by the airline agent at the gate without even a glance. Is there really a check that means an individual may not “make it out in one piece” if the I-94 remains in date?

Re: Redundancy and departing the US
 

Yes once you have filed the I-539 then you are allowed to stay to await the outcome. You are landlocked as you have no status to re-enter the country in. Processing times change all the time depends on their workload.
Once you have submitted and know which service center you are using, go to USCIS website and see the processing times for each type of visa. Just went to the Vermont center and it is taking 6 months for I-539!!

Re: Redundancy and departing the US
 

No idea....but when I did it years back, it hadn't been processed within 6 months that I was asking for and so I'd buggered off by then.

While it is being processed, you aren't out of status, but if it is denied it would make for a sticky do-do...though in this instance the chances are pretty high that it would be approved, especially if you have a house/car to dispose of.

Re: Redundancy and departing the US
 

How long you have to leave was some point in contention in a court case in the early 1990s as I recall, the point at issue was you must "immediately" leave, but the immigration court said that had to be interpreted in a reasonable way, so now the CFR says ten days.

Anyway point I just wanted to make was that I had a similar situation myself once, the guy at the POE said when I re-entered as a visitor he would have denied my entry if I had already been in the US more than six months in the past year, fortunately I left for awhile then returned.

USCIS seems to not be quite as bothered about these things if you file an I-539 to adjust status while in the US, but they take ages to do it.

They should only be doing that for visitors, I-94s for most other categories are multiple entry and should not be surrendered. Had some grumpy INS guy point that out to me ages ago, "you know this just slows down your entry, right?" Waving the I-94 I had just completed in my face.

Also as pointed out, do not use "visa" interchangeably with your category, a visa is a travel document, it essentially means nothing once you are in the US.

Re: Redundancy and departing the US
 

Hi,

Do you happen to know the section of the CFR that states 10-days?

Thanks,