Spending a few months in US after resigning from H1B job.

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canuck_in_sdNew Member
Posts: 1
Joined: Mon Jan 05, 2015 6:57 am

Spending a few months in US after resigning from H1B job.

Post Mon Jan 05, 2015 7:18 am


I'm planning to resign from my H1B job and spend a few months in the U.S. both to wrap up my affairs and to vacation and travel around the U.S.

I know that I can either:

1. File I-539 to change to B-2 or.

If I request for 6 months, would the amount of time I spend in the U.S on H1B count against the 6 months? What trouble would I get into if the I539 is denied, since I would have been out of status from the day of my resignation till the denial.

2. Leave and re-enter the U.S.

I live in San Diego, so I driving to TJ and coming back as a visitor would be the easiest option. What are the chances I'll be denied entry? Since I've been living in the U.S for a while (3 years), I don't really have proofs of connection to Canada such as a paystub or lease, etc.

I am also potentially interested in finding another H1B job in the U.S. (H1B transfer), in that case I think option #2 might be better. According to my research, getting H1B transfer could be tricky if there is a pending or denied i-539.

OCDinYVRNew Member
Posts: 5
Joined: Thu Dec 24, 2009 10:38 am

Re: Spending a few months in US after resigning from H1B job

Post Mon May 02, 2016 2:21 pm

I just stumbled upon this old post, and found the response very helpful! I am in a similar situation except I am moving back to Canada permanently. I am hoping to spend 2-3 weeks packing and closing down my affairs in the US after living here for the past 6 years. To save the $290 filing fee, I was considering driving down across the border and then attempting to re-enter as a tourist. A few considerations:
- I do not yet have a new residence in Canada since I'll be moving my stuff up, visiting my family, and then traveling to Europe for a month. However, I did purchase a condo in Vancouver last year (although it's currently being rented out). Do you think this would be sufficient proof of ties to a residence?
- I have proof of a plane ticket to Europe (leaving out of YVR). Do you think this would show proof that i"m not actually planning on remaining in the US?
- I do have proof that I have interviewed for some jobs back in Canada (but I don't have one lined up yet).

Any advice would be so appreciated! Thanks!

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