I am currently on h1b visa which expires in 2020. I recently resigned from my job. Could you please advice me on my status and do I get a grace period of 60days. Is it true that once I resign I have to file a fresh H1b petition.
"Grace period" is for those whose H-1B employment is "terminated". Not for those who resign voluntarily.
You are now "out of status" and accruing "unlawful presence" with every day that passes.
Yes, a new employer needs to file a brand new H-1B petition on your behalf, since H-1B is employer-specific. If gets approved, will be for "consular notification", since you are no longer in valid status when filed.
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If your I-94 is valid, then you are eligible for 60 days grace period.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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