I was on h1-b visa. I left my job and want to know how long I can in US after my cancellation of my H1b visa?

Question

My employment has just been terminated in US and this has led to cancellation of my H1-B visa. I want to know how long can I stay in US before I have to leave the country.

Answer 1

Neither the law nor the regulations provide a specific length of time that a laid off H-1B worker has to locate a new employer. The so-called "10 day rule" which is mentioned in 8 CFR Section 214.2 (h)(13)(I)(A) only applies to the validity of H-1B workers before and after the petition begins and ends. It has no bearing on how long an H-1B worker is allowed to stay in the United States searching for a new job. In general, INS applies a "rule of reason" which over the years INS spokesmen have defined as 30 days, 45 days, or 60 days. My advice is that if you are laid off and think that you may need several weeks to locate a new employer, that you change status to B-2 visitor and change your status back to H-1B when you find a new employer. Although there are no regulations yet implementing the H-1B portability provision, I believe that it applies not only to persons changing from one H-1B employer to another, but also to persons who are in H-1B status, changed to another status, and are now changing back to H-1B status.

Answer 2

Actually H-1Bs do not have a "grace period" to leave the country. A conservative view (the safest way) is that the person must leave immediately. I'll quote:

If an H-1B worker voluntairly terminate his or her employment, an employer is not liable for the cost of return transportaion abroad (8 CFR 213.2(h)(4)(iii)(E)). The employer's liability for post-termination payment of wages under the ACWIA no-benching provisions is discussed at AM 7.4.8.2, "Non-producitve status and the "no-benching" requirement".

Such an employee must, however, depart the United States on the final day of employment with the sponsoring employer, unless he or she has secured the H-1B sponsorship of another employer or otherwise changed immigration status.



It goes on later to go into detail about the gray area:

One condition of maintaining H-1B status is that the employee continues in the employment relationship with the employer, as described in the H-1B petition. Technically, then, if the employment relationship terminates the H-1B nonimmigrant will "fall out of status" and can be removed from the United States. Although USCIS has the authority to accept and approve application for extension of stay or change of status even in such circumstances, that authority is highly discretionary, and is exercised only on a case-by-case basis.

Answer 3

After 30 days you will be put in the computer as an overstay/visa violator which will prevent you from returning.

Notify CIS.gov that you are going home and then go.