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Will I be considered out of status if I quit my current job on H1-B while waiting for my new employer to file for H1-B transfer? My current employer wants me to leave ASAP. My new employer is still in the process of filing for a new H1-B petition. I understand that I can start working once the USCIS sends the acknowledgment receipt. My question is about my status in the interim period between leaving my current job and the wait for the receipt. Will I be considered out of status? Can I wait in the USA or do I have to leave the country? I will still get paid two weeks from the date of leaving of my current job as per the regular pay cycle.

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You will remain in status for 60 days after leaving your job, unless your I-94 expires earlier (in which case you remain in status until your I-94 expires). See 8 CFR 214.1(l)(2):

(2) An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period.

  • To address the last sentence in the question, it seems likely to me that having an outstanding paycheck after the separation date would not change the timing of the 60-day period. That is, the first day of the 60 would be the day after the person's last day as an employee, even though the last paycheck might come days or weeks later. Do you know whether that is correct? – phoog Oct 18 '18 at 18:34

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