Legal Question in Immigration Law in Georgia

How to

I am on H1B, My employer may not provide me official exit, when I resign, as their official policy states that employee can resign only in their base country (where they were recruited from).

What options do I have?


Asked on 8/07/06, 12:35 pm

2 Answers from Attorneys

Yano Rubinstein Hinshaw & Culbertson LLP

Re: How to

Once a person resigns from an H-1B employer they are no longer in status, unless they have already applied for and been approved for a new H-1B visa with a new employer. Transferring to a new H-1B employer or resigning and attempting to obtain a new status can be a complicated matter and I would strongly advise you to consult with an experienced immigration attorney. I am not exactly sure what you mean by "official exit", but any questions regarding resignation from an H-1B should be discussed with an immigration attorney so that you do not jeopardize your immigration status. Please contact Attorney Cindy Scribe for a telephone consultation at 415.277.1900

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Answered on 8/07/06, 12:52 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: How to

Dear Sir/Madam,

What exactly do you mean by "official exit?" If you are legally working in the US and will continue to have valid status after resigning from your company they cannot require that you resign from your home country. However, there may be issues if you have signed an employment agreement for some particular term. Also, I would want to make sure that you would not fall out of status after resigning. Feel free to give me a call and I will go over the scenario with you.

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Answered on 8/07/06, 1:07 pm


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