Resigned H1B Job


I recently answered the following question.

Q:  I was working on H1b for 3.5 years, but for some personal reasons I resigned last week from the job. Now my Employer is really mad and they are saying that they will report it to USCIS. I came back to my home country and then resigned. Can they still report something bad/suspicious to the USCIS?

A: You didn't do anything illegal, but by resigning from your job you lost your H1B status. If you truly departed the country, and THEN resigned, then there is nothing about that particular action your employer can complain about. Of course they can try. If there were other issues going on (like fraud) then certainly the employer can submit a report.  It does not mean their reports will be found valid, but they can cause a headache nonetheless. If there's not fraud for them to report, then at most they can submit a "withdrawal" of your visa to make a difficult to reenter (but you'd need to be rehired by that particulary employer and for the same job anyway). Barring that, and if you have your last few pay stubs, then your new employer (H1 transfer) shouldn't have a problem.

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