Return to India : H1B grace period upon resignation

[krishraov]

Hi all, 

This is my current situation - I am on a H1B with validity until Oct. 2018. My GC is under processing (labor certification is complete only), however we as a family have decided to return back to India. I have a job offer from an Indian firm and I will have to resign from my current position in the USA. My questions are :-

1. If I tender my resignation and my 2-week notice period ends on Nov. 10th, will I be allowed to stay in the US for an extra month to wrap up and move? I am referring to the 60-day grace period here. 
2. Wy wife's H1B is ending on Nov. 14th and she is filing for H4. What happens to her petition when my H1B ends? Will she go out of status immediately? Does the 60 day period apply to her?

Any advice and pointers will be greatly appreciated! 

Thank you 

- Krishna

[pontevecchio]

Both of you should apply for a COS to B2 to wind up your affairs. Do it tomorrow or soon. Then you have the claim that you filed a non frivolous COS. Should you want to ignore the matter, it is unlikely for anything to happen.

[copco]

15 hours ago, pontevecchio said:

Both of you should apply for a COS to B2 to wind up your affairs. Do it tomorrow or soon. Then you have the claim that you filed a non frivolous COS. Should you want to ignore the matter, it is unlikely for anything to happen.

Wouldn't OP's B2 application be rejected since he has already shown immigrant intent?

[JoeF]

2 hours ago, copco said:

Wouldn't OP's B2 application be rejected since he has already shown immigrant intent?

ThE OP doesn't say if an I-140 has been filed. He only talks about the LC, and that doesn't show immigration intent. If an I-140 has been filed, you'd be correct, though.