• October 2018
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If I resign from a company which sponsored my US H1B Visa [3 months non-negotiable notice] without another job or company to transfer the visa to, can the sponsoring company do anything which can result in my visa getting canceled?

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.

  1. 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.
  2. 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.

It sounds like you could benefit from a chat with an immigration attorney. Check out our website at H-1B Visa Lawyer – Fixed-Fee, Fast, & Free Consultation | LawTradesLawTrades where we connect people just like you with seasoned immigration attorneys. We offer affordable flat-rates and we can work with your schedule. Get in touch for a consultation.

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