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On H1B quiting current Job. Can I wait for next Job

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  • On H1B quiting current Job. Can I wait for next Job

    I am on H1B with my current employer. I want to quit this job. I dont have other job in hand. After I quit my current job, can I wait for another job to sponsor for my H1B transfer. If yes then what is the grace period I have in between to be valid on H1B and without job.

  • #2
    On H1B quiting current Job. Can I wait for next Job

    There is no grace period on H1B , if you dont have an employer , you are out of status, if you are out of status even for a day that can cause problem for you in the future whenever you go for renewal, fresh visa GC processing etc. This is my opinion, please do consult experts too.

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    • #3
      You either need to transfer your H1B before your last day on the current job or file a COS to a different status. The filing should happen before your last day on the current job. If not, you will go out of status on H1B and later a transfer or a COS is not possible. If you cannot do either of this, then you should leave the country. If the employer is terminating you, then they should buy you the flight tickets back to your home country.
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        Thank you for the replying.

        There is one more point, which i did not mention. My spouse has filed GC and we are at last stage of I-485, but since EB3 it will take 1 century to clear.
        It was our mistake that I didnt apply for EAD as I am on H1B.
        Now I am applying, but it will take 3 months to come. And I want to leave job asap because of issue at work. Will my AOS help me in keep valid status and once I get a new job, can the new company file for H1 Extension?

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