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Back to Canada after layoff

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  • Back to Canada after layoff

    How much time do I have to pack up my belongings and leave for good?

    I understand my last day with my employer was the day when I became out of status, right?

    I'm going to pack my stuff, put it on a Uhaul and head back to Canada. But this may not actually happen for a few weeks. Is that an issue?

    Canadians don't need a visitor visa, so even in the event that my previous employer officially notifies CIS about my H1B support having changed while I'm still here getting my affairs in order, it won't make me illegal here, right?

  • #2
    How much time do I have to pack up my belongings and leave for good?
    >>> Technically you are out of status after the last day on your job.

    I understand my last day with my employer was the day when I became out of status, right?
    >>> The day after your last pay check is when you go out of status.

    I'm going to pack my stuff, put it on a Uhaul and head back to Canada. But this may not actually happen for a few weeks. Is that an issue?
    >>> Yes. 3 weeks of being out of status can cause issues with future petitions, visa stamping and GC process.

    Canadians don't need a visitor visa, so even in the event that my previous employer officially notifies CIS about my H1B support having changed while I'm still here getting my affairs in order, it won't make me illegal here, right?
    >>> It doesn't work that way. If you are in U.S in H1B status, then you need to work and get paid. Otherwise you are considered out of status.
    Not a legal advice. Use of this information is strictly at your own risk.

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