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Status of H1 extension on quitting

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  • Status of H1 extension on quitting

    Hi,
    I have an H1-B which expires on Sep 30th. An extension has been applied by my employer. There has been no decision yet from UCICS. I want to quit my employer. (I was on L2 before filing for H1-B and my husband is still on a valid L1). Here are the questions I have wrt qutting my employer:
    1. If I quit, can I change my status to L2? What is the procedure? Will I automatically fallback to L2?
    2. If the H1 extension gets approved after I quit, can I join another employer on the same H1-B and have it transferred to the new employer? Or if I quit now I lose this particular H1-B irrespective of extension?
    3. Do I need the visa documents to be able to use it later on? What if the current employer doesn't provide me these documents?
    4. If there is an RFE, I assume I stand no chance as my employer may not take any action if I quit now?

  • #2
    1. If I quit, can I change my status to L2? What is the procedure? Will I automatically fallback to L2?
    >>> Your status won't automatically change to L2. You will have to file a COS. But the COS should have been filed before your current I-94 expires. If you file a COS now, it will be a bridging petition. If you quit, your employer might withdraw the H1B and the bridge will break, so the COS can get denied. Only best option right now is to leave the country and return back on L2 visa to get back to L2 status.

    2. If the H1 extension gets approved after I quit, can I join another employer on the same H1-B and have it transferred to the new employer? Or if I quit now I lose this particular H1-B irrespective of extension?
    >>> If you quit, then irrespective of whether the H1B is approved or not, it is of no use to you. Your H1B CAP will be active though. Later if you want to work again in H1B, any employer can file a new H1B petition using the existing CAP (provide a copy of your previous H1B approval notice) and request an immediate start date. Yo can begin working only after the COS from L2 to H1B gets approved.

    3. Do I need the visa documents to be able to use it later on? What if the current employer doesn't provide me these documents?
    >>> It is good to have all your approval / denial notices because USCIS asks for them when you file new petitions. To prove that you are CAP counted, provide any previous H1B approval notice and the employer can use that to prove that you are CAP counted.

    4. If there is an RFE, I assume I stand no chance as my employer may not take any action if I quit now?
    >>> Right. If your H1B gets denied, then your stay in U.S post Sept 30th (current I-94 expiry date) will become illegal. So if you are anyhow planning to quit, then it is better that you leave and re-enter on L2 visa to avoid illegal stay.
    Not a legal advice. Use of this information is strictly at your own risk.

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