I am currently in US on L1A visa, and have my I-94 & visa valid until Feb 2019. Due to personal reasons I have decided to relocate back to India and pursue my career with another company in India. My question is if I can resign while I am in US or do I need to go back to India to resign? If I do resign while in US, how many days can I stay in US before I have to leave the country? I will need at least a week to wind-up and move out of the country.
Appreciate any suggestions or guidance.
L1A resignations are sometimes viewed with suspicion because applicants stay back in USA on a different job or switch visa class. For this reason, sponsoring companies call for an immediate revocation of the visa and also because they are upset with you. You have to explain your decision to present company so that they don’t take a swift adverse action; be diplomatic. You have time to leave country after resignation because of the dates on your I-94 etc but once revocation (if filed) becomes active, you will have 30, 45 or 60 days based on a discretionary USCIS rule that varies case by case.
Thank you Shankar, for your response.
As per the law, if the L1 employee resigns at onsite/US, does the sponsoring company have to make sure that they bring the employee & his/her dependents back to India before releasing him/her?
Good question. The rule applies only if it is a voluntary ending of employment such as due to end of project or a shut down / scale down of US site. A resignation that is employee initiated will not fit this rule.
Thanks for the clarification again, Shankar. I guess, as long as I am ready to move out of US the day after I resign, I guess I shouldn’t have an issue.
@Dheer I am reading your post in 2022. Can you share what did you afterward? did you resign and moved back to India immediately, where did you serve the notice, and for how long (15 days in the US or a few months in the US). your input could help a few more who is in a similar situation. thank you and have a great day!
I am also facing the same situation could you please help on me the notice period days in USA if resgin with L1A visa