Urgent: Moving to Canada after Resignation (Change of Status)
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Hi,
I landed in Canada in April 2007. I had to return to USA to finish the project.
I have now resigned from my job in USA and plan to permanently move to Canada in a couple of weeks.
Although my I-94 is valid till August 2009, I will be out of status on 20th July 2007 since that would be my last working day.
I plan to drive to Canada from the Bay area and it would take me about 3 days. I do not want to file form I-539 to change my status to B2 (Visitor) because of the following reasons:
1) I would have to submit my original I-94 to USCIS and I will not have an I-94 when I reach the border in 3 days.
2) USCIS takes about 30 days to process the papers and by the time I get the new I-94, I would have left the country, since I plan to reach Canada in 3 days.
I contacted USCIS call center, but they did not have correct information about this case. They said that although there is no 'Grace Period' , there should not be any problem.
Could senior CDs confirm this? If any H1/L1 folks can throw light on whether we can take 3 days to drive to Canada after resignation, it will be really helpful.
Regards
VL
Unless, the customs people have specific information(or you tell them) that you have resigned your job, how will they come to know? It's not as if your company will be informing INS about your status in the next 3 days and that information will be somehow relayed or entered into the datatbases.
Quote:
Originally posted by vijulibra
Hi,
I landed in Canada in April 2007. I had to return to USA to finish the project.
I have now resigned from my job in USA and plan to permanently move to Canada in a couple of weeks.
Although my I-94 is valid till August 2009, I will be out of status on 20th July 2007 since that would be my last working day.
I plan to drive to Canada from the Bay area and it would take me about 3 days. I do not want to file form I-539 to change my status to B2 (Visitor) because of the following reasons:
1) I would have to submit my original I-94 to USCIS and I will not have an I-94 when I reach the border in 3 days.
2) USCIS takes about 30 days to process the papers and by the time I get the new I-94, I would have left the country, since I plan to reach Canada in 3 days.
I contacted USCIS call center, but they did not have correct information about this case. They said that although there is no 'Grace Period' , there should not be any problem.
Could senior CDs confirm this? If any H1/L1 folks can throw light on whether we can take 3 days to drive to Canada after resignation, it will be really helpful.
Regards
VL
Do not worry, even if your status ends on the day you quit, you are not accruing illegal presence since your I-94 is valid. As long as you leave the country within the reasonable amount of time (which you are, since you will be coming to Canada within 3 weeks of leaving your job), there is no problem at all. Good luck in Canada!
Thanks freakoutguy and cdn_dude
Freakoutguy, the USCIS may not know immediately, but I was worried that when (IF) I apply for a visa a few years down the line and they find out that I had resigned my company, but was staying for a few days, it might cause trouble.
cdn_dude, I am planning to leave in 3 days (not 3 weeks). But if, as per the law, I will not start accruing illegal presence for 2-3 weeks, I can take it easy. My I-94 is valid so no issues.
Thanks for the tips.
Regards
VL
Location: Somewhere in dreamland
Posted on: 06-07-07 17:39:34
cdn_dude,
A person on H1B is out of status the day he ceases to be employed by his employer and not until the day I-94 expires (unless a H1B transfer petition has been filed by another employer.)
brown_bear
Quote:
Originally posted by brown_bear
cdn_dude,
A person on H1B is out of status the day he ceases to be employed by his employer and not until the day I-94 expires (unless a H1B transfer petition has been filed by another employer.)
brown_bear
May be you did not read what I posted. He will be out of status, but will not start accruing illegal presence since his I-94 is valid. Yes, being out of status and being illegal (accruing illegal presence days) are two different things.
What cdn_dude has stated is correct. For people on H-1B, you are technically out of status the day your employer stops paying you, essentially I believe.
However if you leave within a reasonable time frame you should be ok. 'Reasonable' of course is open to interpretation, but on confirming with US immigration, I was told it is generally a period of 10 days - 1 month. Anything close to or above 1 month can be detrimental.
