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H1 Visa Status

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  • H1 Visa Status


    I am a H4 visa holder, has a query about my Husbands H1 Visa status. He is planning to resign from his current job here in USA and take a new one in India. So if he resigns e.g. on 30th Oct. how many days he could stay in USA?
    Will his current employer will cancel his H1b visa after resignation? As stamped date on the visa is till next year feb,2012..or he needs to travel before the final date of resignation?

    Thank for your help


  • #2
    There is no such grace period. He (and his dependents) can stay until the last date on the U.S payroll. From the immediate next day, all of you will be considered to be out of status. It is never advisable to accumulate out of status period. It can cause issues with future stamping, petition, GC etc. Whether the employer revokes the H1B petition or not should not be your concern as it has nothing to do with you maintaining the respective H1B/H4 status.
    Not a legal advice. Use of this information is strictly at your own risk.