What Happens to My H-1B If I Quit My Job?

If you quit your job while on an H-1B visa, your H-1B status is directly impacted, initiating a limited period during which you must secure new employment or change your immigration status to remain lawful in the U.S.

Immediate Impact on Your H-1B Status

When you resign from your H-1B sponsored position, several critical changes occur:

• Employer Notification: Your former employer is legally required to alert U.S. Citizenship and Immigration Services (USCIS) that you are no longer employed with them. This notification is mandatory regardless of the reason for your departure.
• Petition Revocation: Once USCIS is notified by your employer, they will proceed to revoke your H-1B petition approval. This means your current H-1B visa status, tied to that specific employer, effectively becomes invalid.

After your employment ends, you generally enter a "grace period." This period typically grants you up to 60 consecutive days, or until your I-94 expiration date, whichever is shorter, to find a new H-1B employer, change your visa status, or depart the U.S. It's crucial to act within this timeframe because if you don't have another H-1B employer arranged and remain in the U.S. beyond this period without securing a new status, you may start to accrue unlawful presence, which carries significant future immigration consequences.

Navigating Your Options After Quitting

To maintain legal status in the U.S. after quitting your H-1B job, you typically have a few primary avenues:

1. H-1B Transfer to a New Employer

This is the most common path for H-1B visa holders who quit their jobs.

• Process: A new employer files a new H-1B petition (often referred to as an H-1B transfer petition) on your behalf.
• Timing is Key: You can generally start working for the new employer once the new H-1B petition is filed with USCIS, even before it is approved, thanks to the "H-1B portability" rule. This is critical for avoiding gaps in employment and maintaining status.
• Requirements: The new job must be in a specialty occupation, and you must meet the H-1B eligibility criteria.

2. Changing Your Visa Status

If finding a new H-1B employer isn't feasible or desired, you might explore changing your non-immigrant status:

• Visitor Status (B-2): You could apply to change your status to a B-2 visitor visa to have more time in the U.S. to settle affairs, though this does not allow you to work.
• Student Status (F-1): If you plan to enroll in a full-time academic program, you might change to an F-1 student visa.
• Dependent Status (H-4, F-2, L-2, etc.): If your spouse or parent holds a qualifying non-immigrant visa, you might be able to change to a dependent status.

3. Departing the U.S.

If you cannot secure a new H-1B employer or change to another visa status within the grace period, departing the U.S. is necessary to avoid accruing unlawful presence. You can always seek a new H-1B petition from abroad in the future if a new opportunity arises.

Key Considerations and Risks

Understanding the potential pitfalls is crucial for H-1B visa holders.

Accruing Unlawful Presence

As mentioned, if you fail to secure new H-1B employment or change your status within the permissible grace period, you will begin to accrue unlawful presence. The consequences of accruing unlawful presence can be severe:

• Bars to Re-entry:
  • More than 180 days but less than 1 year of unlawful presence can lead to a 3-year bar from re-entering the U.S.
  • 1 year or more of unlawful presence can lead to a 10-year bar from re-entering the U.S.
• Visa Revocation: Future visa applications can be denied.

Maintaining Legal Status

• Proactive Planning: It's always advisable to have a plan in place before quitting your H-1B job, if possible. This might involve having a new job offer in hand before tendering your resignation.
• Consult an Attorney: Given the complexities of immigration law, consulting with an experienced immigration attorney is highly recommended to understand your specific situation and the best course of action. They can provide personalized advice and ensure you comply with all regulations.

Summary of Actions After Quitting H-1B Job