H1B - Acceptable number of days to stay unemployed

[been123]

Hi,

I am currently on H1B visa and planning to quit my job since I'll be travelling back to India before 14th Nov.
I have a notice period of 2 weeks in my company.
As far as I know, since I am on H1, I need to stay employed to maintain my legal status.

1) Is there any grace period or any acceptable period where I can stay unemployed though I am on H1 visa?
2) Will this ever be an issue if I want to return on H1B again or any other visa?
3) How much time does it take for US records to be updated that I have quit my job?

Thanks!

[shervin143]

1) Is there any grace period or any acceptable period where I can stay unemployed though I am on H1 visa?
>>> Technically, NO.

2) Will this ever be an issue if I want to return on H1B again or any other visa?
>>> It depends on how long you are planning to be out of status. Few days will have no impact.

3) How much time does it take for US records to be updated that I have quit my job?
>>> There is no such records. The way USCIS or consulate will know whether you are out of status or not is by looking at your entry / exit records and comparing them to your year-end W2. If your W2 is only till October 2015 (until you are employed) and if your exit record shows that you exited the country in December 2015, then the gap of 1 month is considered as out of status (provided you have a valid I-94 but did not work) or illegally stayed (provided your I-94 expired and you overstayed).

[been123]

Thanks for your reply.

Further, to your reply for point # 3, I have I94 valid until Nov 2017.
So, does it mean that being out of status would not mean that I am staying illegally in US when I quit?

1) Is there any grace period or any acceptable period where I can stay unemployed though I am on H1 visa?
>>> Technically, NO.

2) Will this ever be an issue if I want to return on H1B again or any other visa?
>>> It depends on how long you are planning to be out of status. Few days will have no impact.

3) How much time does it take for US records to be updated that I have quit my job?
>>> There is no such records. The way USCIS or consulate will know whether you are out of status or not is by looking at your entry / exit records and comparing them to your year-end W2. If your W2 is only till October 2015 (until you are employed) and if your exit record shows that you exited the country in December 2015, then the gap of 1 month is considered as out of status (provided you have a valid I-94 but did not work) or illegally stayed (provided your I-94 expired and you overstayed).

[shervin143]

Your stay would be legal, but you will be considered out of status on H1B when you are without payslips.

Thanks for your reply.

Further, to your reply for point # 3, I have I94 valid until Nov 2017.
So, does it mean that being out of status would not mean that I am staying illegally in US when I quit?

[been123]

Thank you!

Your stay would be legal, but you will be considered out of status on H1B when you are without payslips.