visa status after being walked out

Aug 17, 2019 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

    Go to company page 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, 2019 15
    • 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, 2019
    • OP
      Very helpful!
      Aug 19, 2019
  • Verizon / Eng
    8BitGuy

    Go to company page Verizon Eng

    8BitGuy
    Ends same day! Have to handover resignation on the plane.
    Aug 17, 2019 0
  • OP
    Can I re-enter on a visitor visa until the new application gets filled then? Or would that cause issues? (TN visa)
    Aug 17, 2019 1
    • BYTON
      cJKu57

      Go to company page 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, 2019
  • Don't panic - just consult an immigration attorney. They will help you out.
    Aug 17, 2019 0
  • Microsoft / IT
    DilDosti

    Go to company page 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, 2019 0