H1B validity on resignation from Job
 

Hi all,

I'm an H1B holder. My company is not doing well in the business and they could not continue to pay the same amount as before. So, I'm resigning from the company that sponsors me the H1B the end of November 2002. My company told me they are going to inform INS of my resignation early January 2003. However, I have to travel out of the U.S. early December 2002 and plan to return to the U.S. before the end of December 2002.

My question is "Is it illegal for me to travel back to the U.S. on my H1B after I resign from the company even though they have not informed INS of my resignation?"

Appreciate all suggestions.

Re: H1B validity on resignation from Job
 

You're on very dodgy ground.

In theory, there is a grace period after leaving a job. In practice, no-one seems to know what it is; immigration attorneys I have talked to in the past have quoted between ten and sixty days. I gather the INS would be happier if you were on the next plane out of the country!

When you re-enter the USA, you will probably be doing so illegally. If you plan to get an H1-B transfer to another company, they will demand to see a recent payslip from your previous company to show there has been no gap in employment. You won't be able to do that, so you may find you have to start the H1-B process from scratch.

If you want advice, I would say either do not resign or do not leave the country.