Resign on H1B


visaqa17

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"To be legal, you would have to file a change of status, e.g., to B2."

=> Yes you can, but if you leave the USA before approval of B2/ H4/F2 etc those days of stay should be counted out of status and the COS will be denied leaving you in no status from termination. COS takes 2-3 moths. So, if you file B2, you have to wait till approval before leaving USA for good.

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"To be legal, you would have to file a change of status, e.g., to B2."

=> Yes you can, but if you leave the USA before approval of B2/ H4/F2 etc those days of stay should be counted out of status and the COS will be denied leaving you in no status from termination. COS takes 2-3 moths. So, if you file B2, you have to wait till approval before leaving USA for good.

Hmm, no. The person is considered in status while the COS application is pending. There is no issue with leaving before the COS application is approved. If the application is denied, then the person would be out of status.

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