# E2 visa - stay for a month in the US after quitting



## XavierFr86 (Nov 1, 2015)

Hi,

I couldn't find a reliable source online, so I'm hoping to get this question answered here.

I'm a French citizen, currently employed in the US under an E-2 visa.
I'm planning to quit my current US job and go back to France in the coming months.

Before going back to France I'd like to take some vacation, probably in the Caribbean, somewhere abroad, and then come back to the US for a few days to pack and fly to France.

My understanding is that the E-2 visa expires as soon as I leave my job. 
How can I stay legally for a few days/weeks after quitting, leave to another country for 10 days and then re-enter the US for another few days?
Should I just apply for an ESTA via the Visa Waiver Program?

Thanks,


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## Moulard (Feb 3, 2017)

USCIS published rules in 2017 that cover this. Assuming the rules have not changed since then....

The rules allow for a grace period of up to 10 days for individuals on E-1, E-2, E-3, L-1, and TN non-immigrant visa to depart the United States or to extend, change, or otherwise maintain lawful status. 

So basically you have 10 days after you resign to either leave the country or apply for another appropriate visa type from within the United States (Form I-539 is the one I believe used to support a change from one non-immigrant visa class to another) . 

Assuming that you left the US within those 10 days I assume that you could then apply for an ESTA via the waiver program to return.

https://www.federalregister.gov/doc...d-program-improvements-affecting-high-skilled

Depending on the termination terms you have in your contract, and indeed the relationship you have with your employer, it might be beneficial to resign with a long enough notice period, or to request unpaid leave and a later end date so that you can stay within the rules of the visa and take your holiday while still technically employed.


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## XavierFr86 (Nov 1, 2015)

Thanks a lot for your reply.

The link you attached is very useful and actually mentions another "60 days grace period."


From: Printed Page 82401 



> *10-day nonimmigrant grace periods. *
> To promote stability and flexibility for certain high-skilled nonimmigrant workers, the final rule provides two grace periods of up to 10 days, consistent with those already available to individuals in some nonimmigrant classifications, to individuals in the E-1, E-2, E-3, L-1, and TN classifications. The rule allows an initial grace period of up to 10 days prior to the start of an authorized validity period, which provides nonimmigrants in the above classifications a reasonable amount of time to enter the United States and prepare to begin employment in the country. The rule also allows a second grace period of up to 10 days after the end of an authorized validity period, which provides a reasonable amount of time for such nonimmigrants to depart the United States or take other actions to extend, change, or otherwise maintain lawful status. See final 8 CFR 214.1(l)(1).
> 
> 
> ...



My understanding is that:

- 10 days grace period is granted at the end of visa validity (in my case Jan 2021)
- 60 days grace period applies when employment ceases (ie, I quit my job) before the end of visa.


So I might not need to do anything.

I also like your suggestion of the unpaid leave, just to be on the safe side.


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