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Termination H1B: risks, and travel in South America

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  • Termination H1B: risks, and travel in South America

    Hi,

    I obtained a H1B Visa last october and decided not to stay and return to my home country (France) after less than a year of employment.
    I would like to travel 3 months in South America before returning to France, and still use my return flight US-France after the 3 months abroad. (Also because it is easier for my baggages).

    My questions are:
    How long can I stay in the US after the termination of my contract? (Is it still 10 days?)
    Is it possible to reinter the US with an ESTA after my 3-month trip, without having returned to France?
    In general, what are the risks of terminating an H1B before its expiration date?

    Thank you for your help

    (sorry for the language mistakes)

  • #2
    Originally posted by MademoiselleUS View Post
    Hi,

    I obtained a H1B Visa last october and decided not to stay and return to my home country (France) after less than a year of employment.
    I would like to travel 3 months in South America before returning to France, and still use my return flight US-France after the 3 months abroad. (Also because it is easier for my baggages).

    My questions are:
    How long can I stay in the US after the termination of my contract? (Is it still 10 days?)
    Is it possible to reinter the US with an ESTA after my 3-month trip, without having returned to France?
    In general, what are the risks of terminating an H1B before its expiration date?

    Thank you for your help

    (sorry for the language mistakes)
    a/ Once your employment terminates, you are supposed to leave immediately; there is no grace period--be it 10 days or anything else. (Ca n'a pas de sens, mais c'est comme ca.) That said, generally, taking up to thirty days to prepare your departure should not normally cause you any problem in practice (especially if your employer does not immediately notify USCIS of your termination). Besides, it's only after six months that you might actually get in serious trouble next time you try to reenter.
    b/ Yes.
    c/ No risk (with regard to a/ above). You might even be able to reuse the remaining portion if you change your mind in the future.

    Bonne chance!

    Comment


    • #3
      Originally posted by ExperienceIA View Post
      a/ Once your employment terminates, you are supposed to leave immediately; there is no grace period--be it 10 days or anything else. (Ca n'a pas de sens, mais c'est comme ca.) That said, generally, taking up to thirty days to prepare your departure should not normally cause you any problem in practice (especially if your employer does not immediately notify USCIS of your termination). Besides, it's only after six months that you might actually get in serious trouble next time you try to reenter.
      b/ Yes.
      c/ No risk (with regard to a/ above). You might even be able to reuse the remaining portion if you change your mind in the future.

      Bonne chance!

      ExperienceIA, merci!!

      a/ "Besides, it's only after six months that you might actually get in serious trouble next time you try to reenter"
      6 months after the termination?/6 months after I leave the US?
      ...Why? I don't get it.
      b/ great!
      c/ Good to know!

      I have to organize my trip (book the flights tickets) before I notice my employer that I'm leaving, that's why I try to be prepared to everything that could happen....

      Comment


      • #4
        Originally posted by MademoiselleUS View Post
        ExperienceIA, merci!!

        a/ "Besides, it's only after six months that you might actually get in serious trouble next time you try to reenter"
        6 months after the termination?/6 months after I leave the US?
        ...Why? I don't get it.
        b/ great!
        c/ Good to know!

        I have to organize my trip (book the flights tickets) before I notice my employer that I'm leaving, that's why I try to be prepared to everything that could happen....
        a/ I meant that you might get especially in trouble if you remained in the US over six months after the termination. But this does not seem to be your plan, so no need to worry about it...

        Comment


        • #5
          Originally posted by ExperienceIA View Post
          a/ I meant that you might get especially in trouble if you remained in the US over six months after the termination. But this does not seem to be your plan, so no need to worry about it...

          OK. That's perfect.
          Thank you for this very clear answer!!

          Comment

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