visa status after being walked out

Microsoft starlight1
Aug 17 23 Comments

how long does your visa status remain after being walked out same day ? (after giving 2 week notice )


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TOP 23 Comments
  • BYTON cJKu57
    Here's what I was told when I was laid off.

    10 days by law to file new h1.

    60 days maybe based on USCIS descretion.

    Clip of email from the immigration team.

    All days count from day of termination.
    Aug 17 15
    • BYTON cJKu57
      Oh God. Stop arguing with me and go talk to an immigration attorney. Some people are just thick headed.
      Aug 17
    • Salesforce DREAMkid
      Lmao. You sound like angry person yourself. I'm shredding light on my experience.

      And yes it's always good to consult an immigration lawyer.

      In general you have 60 days from your last day to file for a new petition. (USCIS does not differentiate between termination or resign or layoff) .. you can take break in between and file for a new petition.
      Aug 17
    • Microsoft starlight1
      Can you be out of the country while filing it? 😂 and do all the big companies use same legal company? Fragomen?
      Aug 17
    • Citadel Securities wagecuck3
      OK, I can clear up some of this confusion.

      Like the screenshot says, the 10 day grace period does not override your I-94. This is because the I-94 ALREADY INCLUDES IT. So you know the date you have to leave the country by.

      The 60 day grace period applies to H-1B, TN (the OP's situation) and other work visas. It means that after you leave one job, you have 60 days to start working at a new job, otherwise you go out of status. However, if the I-94 expires less than 60 days after the end of your employment, then you don't get the full 60 days. If you're still in the US but not at the new job by the time your I-94 expires, you become unlawfully present.

      Now H-1B is special because you can start as soon as the new petition is filed. So if the new petition gets filed on the last day of your I-94 authorized period, or on the last day of your 60 day grace period, and you start working at the new employer on that day, you're safe (unless the petition gets denied later). If you tried this with TN, it wouldn't work. You wouldn't be allowed to start at the new company until your petition got approved, and by then, you'd have gone out of status already, so the petition would get denied and you'd have to leave the country.

      In OP's case there are two options. If your I-94 will be valid for a while, you can have a new company file a TN petition in premium processing and join once it's approved - as long as that's within the 60 day grace period. If you can't meet the 60 day deadline, or your I-94 will expire soon, then just leave the country before the I-94 expires and before the grace period expires - and apply for a new TN at the border with the new employer.

      (L-1 people are generally screwed. They will rarely have any option other than to leave the US for a year to get a new L-1.)
      Aug 19
    • Microsoft starlight1
      Very helpful!
      Aug 19
  • Verizon / Eng 8BitGuy
    Ends same day! Have to handover resignation on the plane.
    Aug 17 0
  • Microsoft starlight1
    Can I re-enter on a visitor visa until the new application gets filled then? Or would that cause issues? (TN visa)
    Aug 17 1
    • BYTON cJKu57
      Oh u need info on TN. Lemme find that email. I am sure they had info on TN too

      Edit: the screenshot attached below covers TN as well.
      Aug 17
  • Microsoft planning
    Don't panic - just consult an immigration attorney. They will help you out.
    Aug 17 0
  • Microsoft / IT DilDosti
    I hope u have visa transfer done before you do that ... U have to leave the country within two weeks if u don't have a sponser or else u will accumulate unauthorized stay
    Aug 17 0
  • Qualcomm / Eng ggnori
    Even if you are walked out after giving notice, wouldn't you technically receive pay for your two week notice? So your last day wouldn't be the day you were walked out.
    Aug 18 1
    • Microsoft 12890hf
      I've heard you only get paid for 2 weeks, but your employment ends that day.
      Aug 18