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Hi Peter, I am a software engineer from India. I was on a H1B for roughly 1.5 years working for a startup. Due to various reasons, I quit my job ~2 months ago
by throwaway2856 8y ago
Hi Peter,
I am a software engineer from India. I was on a H1B for roughly 1.5 years working for a startup. Due to various reasons, I quit my job ~2 months ago (my last paycheck dated Oct 15th). My i94 doesn’t expire until January 2020. My questions for you:
- Could I technically stay in the US till my i94 expires without a job? (As I’m not accruing unlawful presence)
- Could there be complications if I find a new job in the next few months and file for a H1B (say through consular processing) if I’ve been out of status for more than the allocated 2 months.
- Would you suggest I file a change of status to B2 right away to maintain status?
More broadly: I’m burnt out and need a little breather before jumping back into the job market. Realistically, I hope to find a new job by Feb/March and file for a new H1B.
Thanks!
- proberts 8y agoYou are out of status now and 60 days has elapsed since your employment ended so you can't change or extend your status in the U.S. That being said, being out of status rather than being an overstay - that is, staying past your I-94 expiration date - is much better and if it is relatively brief (and doesn't include unauthorized employment) shouldn't impact a subsequent H-1B visa application.
- throwaway2856 8y agoThanks Peter! If a new company files for a H1B application in the next few months for me, will I be able to start working for them right away or will I need to wait many months for processing (since premium processing is not available anymore)?
- proberts 8y agoSince you're outside the grace period, you would need to wait until the petition is approved before you can start working.