Will Your H-1B Visa Be Cancelled If You Resign and Return to Your Home Country?
The decision to resign from an H-1B visa sponsored position and return to your home country can have significant implications for your visa status. Understanding the potential consequences is crucial to making informed decisions and avoiding any legal complications.
Grace Period and New Employment
When you resign from your position on an H-1B visa, your visa typically becomes abandoned. This is because the H-1B visa is specifically tied to your employment with a particular employer. However, there are several key points to consider before making such a decision:
Grace Period
After resigning, there is a grace period, usually 60 days, during which you can remain in the United States. This period serves as a buffer to help you prepare for departure or to find a new employer willing to sponsor a new H-1B visa. It's important to make use of this time wisely to minimize any potential disruptions to your immigration status.
New Employment and H-1B Petition
Should you find a new employer who is willing to sponsor you, they can file a new H-1B petition. However, it is essential to ensure that you maintain your valid immigration status during this transition period. Transitioning to a new employer while your visa is in a pending status can be a complex process and might require additional paperwork and documentation.
Impact on Future Applications and Visas
Leaving the United States with an abandoned H-1B visa can also affect your ability to apply for other visas or re-enter the United States in the future. The consequences can vary depending on your individual circumstances, so it's important to be aware of these potential implications. Consulting with an immigration attorney can provide clarity and guidance tailored to your specific situation.
If you leave the U.S. and your H-1B is canceled, it might impact your eligibility for future visa applications, including the H-1B cap season, where you must be in valid status during the filing period. It's advisable to seek professional advice to understand the full scope of the situation.
What Happens to the H-1B Visa After Resignation?
Your company has a legal obligation to inform the U.S. Citizenship and Immigration Services (USCIS) that you have resigned and left the country. The company must also withdraw the H-1B petition they initially filed for you. Once the petition is withdrawn, your 797 Notice of Action will no longer be valid. It is important to follow these procedures to ensure compliance with U.S. immigration laws.
If you were considering a hold on your H-1B visa, you would need to submit a specific form to the USCIS. If your employer decided to recall you later, you may potentially return under the original H-1B visa for the remaining 15 months. However, since your H-1B expired on its own, it is no longer valid, and you cannot return to the U.S. using this visa.
Summary: Resigning with an H-1B visa while planning to return to your home country can lead to the visa becoming abandoned. It is crucial to understand the grace period, the potential impact on future applications, and the responsibilities of your employer and yourself. Consulting with an immigration attorney can help navigate these complexities.
Note: The information provided is based on general guidelines and may vary based on individual circumstances. Always seek legal advice from a qualified immigration attorney for personalized guidance.