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What Are the Consequences of Quitting My H-1B Employment?

Hi William,

I plan to quite my H-1B job next week because my health reason. What are the consequences of quitting my H-1B employment
?

Answer,

H-1B visa is available to foreign workers coming to the U.S.temporarily to perform services for U.S.employers. There are many advantages of H-1B status. However, one possible disadvantage is that your status in the U.S. is dependent upon your fulfillment of the terms and conditions of your approved employment for a U.S.employer.

After you quit your employment, your employer is legally obligated to inform USCIS that you are no longer working there. Thereafter, USCIS will revoke your H-1B petition approval. If you accrue more than 180 days of unlawful presence but fewer than 365 days, you are barred from reentering the U.S. for three years. If you accrue more than 365 days of unlawful presence, you are barred from reentering the U.S. for ten years.

Also, after you cease to be employed with the H-1B status, you cease to maintain lawful status in U.S., and begin accruing unlawful presence. Under U.S. immigration regulations, employers must pay the reasonable costs of transporting the H-1B worker back to your home country. However, if the worker quits, the employer is not responsible for paying these costs.

You might have heard that there is a grace period of ten days given to H-1B workers who quit, in order to allow them to wrap up their affairs and leave the country. However, this grace period is not written into the law, it is merely a discretionary USCIS policy, and thus could easily change.








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