If I resigned from my current effective on the 20th of this month and I was on an H1-B visa valid for another 18 months and cap exempt, when do I have to leave the country?

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If I resigned from my current effective on the 20th of this month and I was on an H1-B visa valid for another 18 months and cap exempt, when do I have to leave the country?

My H1b is valid for another 1 1/2 years and was exempt since it was a university visa. Also, can I stay until end of next month? If (if miracle happens) I can find an academic job, willing to file an H1-b petition for me, when would be the last day that it can happen before me have to leave the country? Can I apply for school and go to F1 for this fall? Is the gap from the date of my effective resignation or what? And the start date of school is (let’s say) in another 3 or so months, or the date I got admission and my I-20? Which one would you recommend: a) applying for school and go for F1 until I find another job, or b) apply for tourist visa?

Asked on May 31, 2015 under Immigration Law, South Carolina

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your I-94 is still valid for another 18 months, you can remain in the US that long.  Technically, you would be considered out of status (because you are not employed in valid H-1B status) but not unlawfully present (because you still possess a valid I-94).  This is assuming the university would not notify USCIS and revoke your H-1B approval.


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