Leaving the United States After Completing H-1B Employment

You can stay in the U.S. until the end date listed on your I-797 H-1B approval notice UNLESS you:

• Travel internationally
• Lose your job
• Quit your job
• Change to a different visa status
• Change H-1B employers

International Travel

Your will receive a new I-94 record each time you reenter the U.S., which will indicate your new permitted length of stay.   A 10-day "grace period" may be given at the discretion of an immigration officer at the port of entry and indicated on the I-94.  You cannot continue to work, earn money from a U.S. source, or travel internationally and reenter the U.S. in H-1B visa status during the 10-day grace period. Your H-4 dependent family may also stay in the U.S. with you during the grace period.

Lose Your Job

If your employer terminates your job (you are fired, laid off, etc.) for any reason before the current expiration date listed on your I-797 approval notice, your visa status will end on your last day of payroll at the hospital and you should leave the U.S on your last day of payroll.

The H-1B employer is required to offer you the reasonable cost of return transportation (usually an airplane ticket) to return to your last place of residence abroad (usually your home country) so that you do not overstay in the U.S.  The employer is not obligated to offer return transportation to your family or transport your personal belongings. 

Quit Your Job

If you quit your job, you should leave the U.S. unless you have already filed with Immigration to transfer or change your visa status on or before your last day on payroll.  The employer is not responsible for your cost of return transportation abroad if you choose to quit your job.

Change to a Different Visa Status

The request to change visa status should be filed with USCIS on or before your last day on payroll. You may seek further guidance from your new international office or an immigration attorney.

Change H-1B Employers

You may change employers without notifying our office.  In order to be eligible for a transfer/portability of your H-1B status, you must maintain your current H-1B employment until the new employer files an H-1B petition with USCIS.  The new employer can provide timing details.

H-1B regulations allow individuals already holding H-1B status to begin employment with a new employer once the new petition is filed with USCIS. This means that individuals may begin new employment before the petition is approved by USCIS, but no earlier than the start date of the new H-1B petition.  Further guidance should be obtained from the new employer.