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Travel after resigning (H1B)

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  • Travel after resigning (H1B)

    I am on an H1B. I have resigned effective July 31st. I would like to travel in the US for about 3 weeks starting August 1st. I am aware that I am supposed to leave the US "immediately" and also that it is not completely clear what "immediately" means (for example: my last salary won't be paid into my bank account before Aug. 3rd). As far as I can understand, I have the following options:

    1) I can choose to interpret "immediately" very generously and stay in the US for 3 weeks. This could become a problem if I ever want to re-enter the US again
    2) I can apply for a change of status to B2 and go travel

    Any recommendations? I already have a signed contract for a job in Europe with a start date of September 1st so it ought to be obvious that I am not looking for a job in the US. If I go with 2), what are the chances that I will get an OK to changing status to B2? And would I have to wait for the OK before I go on vacation?

    Chris

  • #2
    Date on which you salary is credited won't prove your H1B status. Your H1B status will end on the last day in your job. I assume you will have pay slips until July 31st. So starting August 1st, you will be out of status on H1B which can cause issues later when you go for stamping.

    Applying B2 is an option. But if the COS from H1B to B2 gets denied, then your stay beyond 31st July will be treated as out of status on H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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