Quitting Your H-1B Job: Understanding the 60-Day Grace Period and Options for Changing Status

Many workers on H-1B visas are often unsure of their rights and options when they decide to leave their current job. This article aims to clarify the situation regarding the 60-day grace period and the possibility of changing status to a tourist visa (B-2).

Understanding the 60-Day Grace Period

When an H-1B worker quits their job, they are generally entitled to a 60-day grace period within the United States. This period is designed to allow the individual to find new employment, take necessary steps to leave the country, or both.

Eligibility and Considerations for a Change of Status

It is possible to apply for a change of status to a B-2 (tourist) visa during this period, but there are important factors to consider.

Eligibility

Eligibility for a B-2 visa usually requires demonstrating the intent to visit the U.S. temporarily for tourism purposes, and having sufficient funds to support yourself during your stay.

Timeliness

It is advisable to apply for a change of status before your current H-1B status expires. Given the 60-day grace period, you should submit your application within that timeframe to avoid any issues.

Intent

USCIS carefully evaluates the applicant's intent when applying for a change of status. It is crucial to demonstrate your genuine intent to return to your home country or another country, rather than seeking to live permanently in the U.S.

Travel Restrictions

If you leave the U.S. to apply for a tourist visa from abroad, you might face difficulties re-entering the country. This is especially true if you previously held an H-1B status.

Should You Change to a Tourist Visa?

Although you can change status to a B-2 visa during the 60-day grace period, it is important to note that this visa typically grants only 90 days of authorized stay. Therefore, unless your intentions are purely and temporarily tourist-oriented, you may not want to change your status to B-2.

Seeking Legal Advice

Given the complexities involved, it is highly recommended to consult with an immigration attorney to fully understand your specific situation and the best course of action based on current immigration laws and policies.

Ultimately, the 60-day grace period after leaving an H-1B job is a valuable window to find new employment or to prepare for departure. However, changing status to a B-2 visa should be carefully considered, taking into account factors like travel and intent.