AsKrj Posted February 20, 2020 Report Share Posted February 20, 2020 Hi, could anyone please help me get answers regarding my spouse’s current visa situation? Some background first:My spouse is on H1-B and in final year of her visa.Her current I-94 is valid until May 2020.The passport associated with this I-94 was due to expire in May 2020 so she got it renewed.The H1-B visa stamp on her expired passport expired in December 2019Current I-797 expires in October 2020Due to change in location recently, her employer has applied for H1-B amendment which is in progress. Question:If she quits her job today, does she have to leave the country immediately, or can she stay until May 2020? Also, what are her options if she intends to stay in US after quitting her job? Quote Link to comment
cyberlord Posted February 20, 2020 Report Share Posted February 20, 2020 What is the intention ? To quit the job and stay in US (without job) ? If yes, what will be her ways to fund her living till May 2020? Will she be looking for another job immediately? If she quits the company and her petition gets revoked, it is best she leaves US immediately. I think she has about 60 days grace period to find new job. It is safe that people on H1-B be on status to avoid complications. Quote Link to comment
gopalakrishnach Posted February 20, 2020 Report Share Posted February 20, 2020 Frankly your post really confused me and I feel now she has current I797 that expires in Oct 2020 and she might be in her last H1B year ( 6th year) If she do not have any I140 approved she cannot apply for more H1B extension. If she has then she can. current I797 that expires in Oct 2020-- did she not get I94 with this? what are her options if she intends to stay in US after quitting her job? -- convert to H4 and get H4 EAD. Post really confused me... Quote Link to comment
User099 Posted February 21, 2020 Report Share Posted February 21, 2020 She will have 60 days or I94 expiry date (which ever is shorter) to find a new job after she quits her job. Beyond that any thing will be considered illegal. Quote Link to comment
GroundHog Posted February 22, 2020 Report Share Posted February 22, 2020 1. As everyone replied, H1B will have 60 days or I94 expiry whichever is earlier to search for the job and get H1B filed with new employer. 2. In general its recommended not to quit the job until you get another employer to file H1B. This was she will not lose her H status. 3. If I understood correctly, its her last year on H1B, that means May 2020 is her max out date. Is her I-140 approved? If not, it may be difficult to find another employer to file for H1B at this stage. Quote Link to comment
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