Consequences of Leaving a Company Filing an H-1B Visa Application

Leaving a company that has filed an H-1B visa application for you can have significant consequences, both immediate and long-term. This article aims to provide a comprehensive guide to help job seekers make informed decisions and avoid potential legal and financial pitfalls.

Impact on Visa Status

Your H-1B visa status is typically tied directly to the employer for whom it was filed. If you leave your current job, you will lose your H-1B status, unless you can find a new sponsor within the grace period. It is crucial to understand the legal implications and potential impacts on your future plans.

Visa Status and Employers

Upon leaving your employer, your H-1B visa status is usually terminated unless another employer is ready to file a new H-1B petition. This means you will need to find a new sponsor quickly to continue working legally in the U.S.

Grace Period for New Employment

After leaving your job, you may have a grace period of up to 60 days. During this time, you can seek new employment, but you must remain in compliance with the terms of your visa. You must not engage in any unauthorized work or activities.

Steps to Find New Employment

1. **Scout for a New Sponsor**: Look for a new employer who is willing to file a new H-1B petition for you. This can be costly, so it is wise to offer to help cover the expenses.

2. **Work Authorization**: While the new sponsor is preparing the petition, you can still work for the new employer once the petition is filed, assuming it is approved. However, waiting for approval first is not advisable.

Impact on Future Immigration Applications

Leaving an H-1B employer can also impact your future immigration applications, including the process for obtaining a green card. If you have already started a green card process with your current employer and then leave, it may complicate or even terminate that process.

Future Applications and Immigration

It is important to consider the long-term effects on your immigration status and future with an immigration attorney is highly recommended to navigate these challenges effectively.

Re-entry to the U.S.

If you leave the U.S. after resigning and intend to return under a new H-1B sponsor, you may need to go through the entire visa application process again. This includes obtaining a new visa stamp at a U.S. consulate.

Legal and Financial Considerations

Leaving an H-1B employer also involves several legal and financial considerations:

1. **Consult with an Immigration Attorney**: Understanding your specific situation and any legal implications is crucial.

2. **Consider Financial Obligations**: Be aware of any financial commitments, such as relocation costs or signing bonuses, that may be affected by your departure.

Conclusion

In summary, leaving an H-1B sponsor requires careful planning to ensure that your immigration status is maintained and that your ability to work in the U.S. remains secure. By following the steps outlined above and seeking professional advice, you can minimize the risks and avoid potential legal and financial pitfalls.