What happens to my status if I quit my job before my I-797 expires?
I’m already on H-1B and living in the U.S. over 6 years; I-140 since 2022. My current I-797 expires Aug 31, 2025. Employer already extended H-1B from Sep 1, 2025 to Aug 31, 2028; I have the original I-797. Work environment is toxic; it’s affecting my mental health. If I quit tomorrow, what happens? Do I get 60 days from tomorrow, or can I stay until Aug 31, 2025 (current I-797 end date)?
18
7
Solved
If you resign tomorrow, the grace period starts on your last day. The rule is: up to 60 days or until the end of your current authorized validity, whichever is shorter (8 C.F.R. § 214.1(l)(2)). Your current I-797 ends Aug 31, 2025, so your grace period would run only up to Aug 31, 2025. Best case: use PTO and move your resignation to after Sep 1 so you get the full 60-day grace under the new validity.
0
Full Conversation
I have a question on H-1B.
Lexi, Chatbot
I understand H-1B can be tricky. What part do you need help with? Have you already submitted your H-1B application, or are you preparing to apply?
I’m on H-1B with an employer for 6 years. I-140 approved in 2022; priority date 2021 (India).
Lexi, Chatbot
Anything else the lawyer should know?
No.
Anita J. Ijaz
Hi, I’m Anita Ijaz, U.S. immigration attorney. I’ll help with your questions.
I’m already on H-1B and living in the U.S. over 6 years; I-140 since 2022. My current I-797 expires Aug 31, 2025. Employer already extended H-1B from Sep 1, 2025 to Aug 31, 2028; I have the original I-797. Work environment is toxic; it’s affecting my mental health. If I quit tomorrow, what happens? Do I get 60 days from tomorrow, or can I stay until Aug 31, 2025 (current I-797 end date)? I’m also closing on a condo Tuesday. I’ll ask my current employer for immigration support next month while I figure things out.
Anita J. Ijaz
Reviewing and following the dates—do you need more information?
No.
Anita J. Ijaz
I’m confirming what takes precedence once you have an H-1B extension.
OK, I’m waiting.
Anita J. Ijaz
If you resign tomorrow, the grace period starts on your last day. The rule is: up to 60 days or until the end of your current authorized validity, whichever is shorter (8 C.F.R. § 214.1(l)(2)). Your current I-797 ends Aug 31, 2025, so your grace period would run only up to Aug 31, 2025. Best case: use PTO and move your resignation to after Sep 1 so you get the full 60-day grace under the new validity.
Why is “authorized validity” interpreted as Aug 31, 2025, not Aug 31, 2028 since it’s already extended?
Anita J. Ijaz
The new validity dates don’t take effect until Sep 1, 2025.
OK.
Anita J. Ijaz
Until then you’re bound by the existing I-94/current approval dates.
Thanks for the information.
Anita J. Ijaz
You’re very welcome! Bye for now!
Anita J. Ijaz
4,719 satisfied customers
5 lawyers online now
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
