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What Are the Possible Ways to Remain in Legal Status in U.S. after Quitting a H-1B Job?

Hi William,

I would like to quit my H-1B job soon. What are the possible ways to remain in legal status in Unted States after quitting a H-1B job?


Answer,

There are multiple ways to remain in lawful immigration status after you quit the H-1B job. The best way to maintain your legal status in United States is for a second employer to file an USCIS Form I-129 petition on your behalf while you are still working for your original H-1B employer. Once USCIS approves that Form I-129 petition, you can quit your original job and immediately begin working for your new employer, which ensures no gaps in your legal status in U.S.

Another way to remain in legal status is to apply for a change of status. Many H-1B workers apply for a change of status from H-1B to F-1, so that they may attend a university in the U.S. But if you would qualify for another status such as L-1, or H-4, you can apply for a change of status to one of those also.

The most important concept to remember when applying to change your status is that you must demonstrate to USCIS that you were maintaining status up to the point of your application. In the context of H-1B employment, you must provide evidence of your employment such as pay stubs and timesheets.









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