Quit while on H-1B and leaving 5 weeks later

[mrmojorising]

Hi,

I quit while I was on a H-1b, and now i'm going to be leaving about 5 weeks later. Would've left earlier, but kept waiting to have an interview with another company in the US, which kept being delayed.

So I think I got the job, and will leave next week, and then come back later in a couple months on a tn-1 or h-1b.

I didn't file anything to change my status, while I have been here and not working.

Am I going to have any trouble leaving since I remained in the US 5 weeks after I quit, will I have trouble getting another work visa or will my passport be flagged? Flying out of the US, driving or flying back in if I come back.

Thanks.

[Reba]

Hard to say really. Generally speaking I believe you are required to leave the country within 10 days of your employment being terminated (whether you quit or you're let go). your employer is required by law to notify USCIS that you quit, making your H1B nullified, so they are aware that you are out of status, and they will be aware of when you leave. Whether or not they let you back in, and approve any subsequent visas is anyone's guess.

[lawsrlaws]

Although you were overstaying, i doubt you will have any problem. I have TN's do that to me all the time. They try to say that they didn't, but i have the proof right in front of me on the computer. (I hate liers)

The Officer may give you a verbal thrashing (which you WILL deserve), but then stamp you up and let you go on your way. 3 weeks over is just not long enough to make a case out of. (although I don't agree with it) You will be fine.

Does anyone on this forum obey the Law?

[Steven]

For five weeks it shouldn't be a big deal, it depends on whether your I-94 has expired or not and whether your employer notified USCIS of you quitting (which they're legally required to). Apparently it takes months for that info to show in the USCIS system so if your I-94 hasn't reached expiry there's no real issue.

[mrmojorising]

For five weeks it shouldn't be a big deal, it depends on whether your I-94 has expired or not and whether your employer notified USCIS of you quitting (which they're legally required to). Apparently it takes months for that info to show in the USCIS system so if your I-94 hasn't reached expiry there's no real issue.

What's the exit procedure -- give the I-94 card to a Canadian officer when I land in Canada? I've never had to do this before as it has multiple entry stamped on it, but I guess I have to do it now...

Anything else? Do I have to provide anything to any American officers?

By the way thanks for your help everyone!

[Steven]

Like it says on the form, when you leave, surrender it to the airline, or if you cross by land, surrender it to CBSA.

On this subject I've had weird experiences with some US-Canada flights because often you're the only person on the flight who has an I-94 and the ticket agent isn't clued up on what to do with them. So you basically have to stand there and explain it to them, "oh I don't normally do international flights, let me get my boss to talk to you" I've had that happen a couple of times.

[mrmojorising]

huh, i thought i'd have to surrender it to someone who works for canadian immigration, but it does say "to the transportation line". i guess this means a stewardess? what do you explain to them, just that you're leaving after being on a h-1b?

just out of curiosity (not that i'm going to do this) what happens if I don't surrunder it and then a short time later want to get another visa, or maybe just want to get a tourist visa to go on holiday what happens?

[Reba]

If you don't surrender it to the airline ticket taker, then you have to mail it back to USCIS.