Does the H-1 60 days grace period apply when one quits a job?

1. Does the new 60 day grace period for H-1Bs apply to one after quitting their job ? Or is it only applied to situations only in the cases where the employer terminates the job?
2. I am on H-1B and plan to quit my job and move back to India, I would need 3-4 weeks to wrap up things here after quitting the job. I am trying to see if I can use this 60 day grace period.

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ANSWER: 

Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?

Video Transcript

1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.

2. Apply for a B-1 or B-2 visa, change of status before you quit your current job. It takes them 4-5 months just to decide on that application and as long as that application is pending you are not illegal in the United States as you are in an authorized period of stay. Carry a copy of that application and the receipt always to make sure if ever that question comes up about your stay. More...


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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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