Relocating to India & duration for H1B staying in US after resignation

[coolfool]

Hello

 

I have a kind of a unique situation that was not completely addressed in past forum posts that I could search through.

 

I am an H1B worker with my wife here on H4. I am planning to resign from my job here and relocate back to India. However, I want to stay back for a couple of months after I resign and visit a few places in US before I head back to the motherland.

 

I want to know what my options are and how much time will these options take to execute.

 

Here's what I have researched so far:

1. There is legally 0 days grace period to leave the US after my last payroll run by the employer.

2. If I want to stay in the US, I have to option to file for a Change of Status to B2 visa (Tourist).

 

Note that I also have a Green card application in processing in the EB2 category and have an I-140 approval in my hands.

1. So if the option is to apply for a COS to B2 from H1B, how much time will this process take?
   
2. How should I time my resignation with my employer so that I have sufficient time for getting the COS to B2?
   
3. Will quitting my job and leaving the US have any adverse impact on my ability to come back to the US in the future (for any purpose), given that I have my green card in processing?
   
4. What will happen to my GC application because of this relocation? My employer says they will not revoke an approved I-140. My Priority Date is fairly new - Dec 2013 under EB2 category.
   
5. I know there will be a complication with regards to IRS and Health Insurance etc. but I have no idea what the impacts on those will be. Any light in that direction will also help.
   

Thanks in advance for the clarifications.

[jairichi]

1. 3 to 4 months.

2. Your COS will be denied as you have already have an I-140 approved showing immigrant intent which is not allowed on B2.

3. No.

4. Your GC process will continue.

5. What complications? Make sure you have insurance coverage in US after you are no longer in H1B and visiting places in US.

[livliv]

 

Hello

 

I have a kind of a unique situation that was not completely addressed in past forum posts that I could search through.

 

I am an H1B worker with my wife here on H4. I am planning to resign from my job here and relocate back to India. However, I want to stay back for a couple of months after I resign and visit a few places in US before I head back to the motherland.

 

I want to know what my options are and how much time will these options take to execute.

 

Here's what I have researched so far:

1. There is legally 0 days grace period to leave the US after my last payroll run by the employer.

2. If I want to stay in the US, I have to option to file for a Change of Status to B2 visa (Tourist).

 

Note that I also have a Green card application in processing in the EB2 category and have an I-140 approval in my hands.

1. So if the option is to apply for a COS to B2 from H1B, how much time will this process take? - Processing takes 2 to 3 months
2. How should I time my resignation with my employer so that I have sufficient time for getting the COS to B2? - It is okay as long as application receipt date as per USCIS receipt notice falls before your last day at work.
3. Will quitting my job and leaving the US have any adverse impact on my ability to come back to the US in the future (for any purpose), given that I have my green card in processing? - It is possible that the employer will revoke your I-140. If that happens, the whole GC process can be compromised.
4. What will happen to my GC application because of this relocation? My employer says they will not revoke an approved I-140. My Priority Date is fairly new - Dec 2013 under EB2 category. - If they don't revoke, nothing will happen. When the priority date becomes current, if you are outside the US, you can start consular processing.
5. I know there will be a complication with regards to IRS and Health Insurance etc. but I have no idea what the impacts on those will be. Any light in that direction will also help. - No complication, you will have to check residency test for tax purposes to determine if you are tax resident or non-resident. Then you can file appropriate return (1040 or 1040NR) Generally, if you are in the US for half the tax year or more, you are a resident for tax purposes.

Thanks in advance for the clarifications.

 

See above.

[JoeF]

Due to the I-140, a COS to B2 will likely get denied, because the B2 doesn't allow immigration intent.

You are technically legal while the COS is pending and if you leave before it is denied.

Due to the I-140, you also could only travel to the US on a visa.That allows immigration intent, like H1 or L1.

When the PD is current, you could go for Consular Processing to get an immigrant visa, provided that the original job with the employer still exists and you have a recent notarized job offer letter.