My answer to If I resign from a company which sponsored my US H1B Visa [3 months non-negotiable notice] without ano…
Answer by Raad Ahmed:
Here are a few things I would add to the conversation.
As far as you current employer goes, if you quit/resign from the position then the employer is no longer responsible for your return flight home. Also, they do have a responsibility to report that you are no longer employed with them. If you accrue 180 days of unlawful presence in the country then you will be barred from re-entry for 3 years, if you accrue more than 360 days you could be barred up to 10 years.
But, you have options.
- You could find a new employer within the 3 months and have the new employer file a I-129 Petition. That way, there are no gaps in your employment and you never have unlawful presence in the country.
- You could change your visa status. Perhaps you could enroll in a university and transition from an H1-B to an F-1 visa. Although, this will depend on your goals and other criteria.
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