Ending H-1B Employment

Resignation (voluntary termination)
Dismissal (involuntary termination)
Lawful permanent residence is obtained


Resignation (voluntary termination)

If an H-1B employee resigns, the HR specialist should send the Immigration Specialist a copy of the resignation PNF so we can notify U.S. Citizenship and Immigration Services (USCIS) and close the immigration file.

Resignation before the H-1B end date

Lawful H-1B status is dependent on continuing employment. If the worker’s last day of employment will occur before the H-1B approval notice expires, they must depart the U.S. on or before that day if there is no way to legally remain in the U.S. after ending employment. Even if there is time remaining on the H-1B approval notice and/or I-94 record, the person will begin to accrue unlawful presence if they remain in the U.S. beyond the last day of work.

Resignation on the H-1B end date

If the last day of employment will occur on the H-1B approval notice’s end date, the employee must depart the U.S. by the “admit until” date on the I-94 record.

If the worker’s I-94 shows the granting of an additional 10-day travel status period beyond the H-1B approval notice’s validity, they may stay in the U.S., but may not work during the 10 days. Departure from the U.S. must occur on or before the last day of the 10-day period unless the person can legally remain in the U.S. after employment ends.

If the worker was not granted the additional 10-day travel status period, they must leave the U.S. on or before the approval notice expires or the I-94 “admit until” date (whichever occurs earlier) unless they can legally remain in the U.S. after employment ends.

If the employee has exhausted the maximum six-year period in H-1B status and is not eligible for further extensions, they must depart the U.S. as described above. In order to begin a new six-year H-1B period, they must be physically absent from the U.S. for at least 12 months.

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Dismissal (involuntary termination)

If the employee is dismissed from employment for any reason before the H-1B approval notice expires, the UH department should send the Immigration Specialist a copy of the termination PNF. FSIS is required to notify USCIS when an employee is no longer employed under the terms of an approved H-1B petition.

The H-1B employee is allowed up to 60 consecutive days from the last day of employment or until the end of the authorized petition end date, whichever is shorter, to remain in the U.S. in a lawful status. This 60-day grace period may only apply one time per authorized validity period and can be used to find another employer, change visa status, or leave the country to avoid accruing unlawful presence.

The UH department is responsible for the reasonable costs of return transportation to the last place of foreign residence – i.e. an economy fare air ticket for the employee. UH is not responsible for moving costs, dependents’ tickets, or other transportation costs.

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Lawful permanent residence is obtained

If the employee becomes a U.S. lawful permanent resident, the HR Specialist or department should send the Immigration Specialist  a copy of the Permanent Resident Card so we can close the H-1B file. No further action needs to be taken.

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