Immigration Issues/H1B to H4

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Question
I am currently on H1B visa and plan to quit my job by October since I will be getting married and moving to a different city to be with my future husband. My future husband is already on H1B visa. I would like to consider one of the two options:
1. Get married in India come back and then apply for COS from H1B to H4
2. Quit before I go to India, get married and then come on H4.

I would like to consider option 2. Could you provide me pros and cons for the two options.

Also, do I need to leave immediately once I quit my job or I have a grace period of 1-2 days?

Answer
Hi,

H1B visa status requires employment with the H1B employer. However, there is a 10-day grace period in H1B visa status. Thus, you can remain legally in the U.S. for up to 10 days after termination of your employment.

Option 2 is recommended, since if you resign your employment you cannot enter the U.S. on H1B visa stamp.

You can call our law firm at 212-268-3580 during business hours, or email info@h1b1.com for additional guidance.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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