My girlfriend is on an i-129 (the extension filed after her E3 visa expired) awaiting approval for a new E3 visa.
My question is: if she were to quit or be fired during this extension, how long does she have to leave the US? Would it be 60 days, like she would have if she left her employment on a visa or would it be immediately as she technically isn’t on a non-immigrant visa?
Do you mean to say, they filed it after the I-94 expiration ? Was I-94 valid on the day of fling ?
The 60 days grace period applies only, if her current I-129 is valid and she is in status.
If she does not have anything, then she probably does not get the 60 days.
Check regulation info below, the H1B rules applies to E-3 as well.