Staying in the US after resignation under H1-B visa

[Juancar03]

Im working under a H1B visa and i am planning on resigning my job to go back home and pursue other opportunities. However I want to stay in US and travel for a few weeks and visit some family and friends before i leave the country. From what I have read there is no grace period of stay after my last day of work or the last day I am on the payroll. Is that correct? If that is the case what are my alternatives for staying in the US longer? Could I take unpaid leave and take a vacation day after that leave and make that one my last official last day? That day would be after I have done my travels would be the day i leave the country.
Thanks!

[shervin143]

Im working under a H1B visa and i am planning on resigning my job to go back home and pursue other opportunities. However I want to stay in US and travel for a few weeks and visit some family and friends before i leave the country. From what I have read there is no grace period of stay after my last day of work or the last day I am on the payroll. Is that correct?
>>> Yes, that is correct.

If that is the case what are my alternatives for staying in the US longer?
>>> Apply for a COS from H1B to B2 or leave the country and return back in B2 visa.

Could I take unpaid leave and take a vacation day after that leave and make that one my last official last day? That day would be after I have done my travels would be the day i leave the country.
>> Unpaid vacations within U.S are nolt allowed when you are in H1B status. How long of a vacation are you talking about?

[Juancar03]

I'm planning to stay about 4 weeks. I just got a word from my company's paralegal and she says that since I have an I-485 application pending, it doesn't matter what my H1-B status is I can stay for as long as the application is pending and I can come back into the US with the I-140. She mentioned the I-485 is a personal petition so they wouldn't be withdrawing it as a company. Does all of this sound right?
thanks for the help.

[shervin143]

Not unless you have an EAD. If what she says is true, then what is the point of people applying for an EAD or Advance Parole at the first. Consult an immigration attorney on your own. If things go wrong, it is your status that will be effectived.

[Juancar03]

Yes, I have an EAD and advance parole documents. I'll have to double check when it expires.

[shervin143]

Well, in that case ask the employer to file a new I-9, showing your EAD as your employment authorization document to switch from H1B to EAD.