engineer78

Hi,

I'm currently working in the UK and I've been offered to relocate to my company's HQ in California, under an L1B visa.

I'm a citizen of a EU/Visa Waiver Program country : I frequently come to the US on business trips without requiring a Visa.

I'm wondering what would happen if I moved under L1B, and got fired from the company once there. I know you're supposed to leave immediately and in theory there's no grace period.

But what would happen say, if I found a new job within a week and the new employer sponsored me for an H1B as fast as possible ?

- Would I need to leave the US in order to re-enter with a H1B in any case ?
- How fast can an H1B application get through ? Could my application be refused if they see I'm just out of status with the L1B ?
- In the meantime, could I switch to another business Visa (B2 ?) or just stay under VWP ? Or do a quick round-trip and re-enter under VWP ?

What's the best solution in this case ? Will I definitely have to leave the country at least temporarily if I get fired ?

Thanks !

ian-mstm

Yes - but only because you're changing visa types.

If, for example, you were originally sponsored for an H-1B visa and lost your job but found another empoyer willing to sponsor you for an H-1B visa, then as soon as the new company sent in the paperwork, you could immediately begin work for the new company even without approval of the new H-1B.

But, that's not possible in your situation. You can be in the US with only one visa status at any given moment.


That'll depend on the new company... but usually a few months at least.


An application can always be refused - that's the chance you take.


You'd need to apply for the B-2 visa before you became out of status, and there's always a chance the B-2 would be denied (which happens all the time). In that case, you'd then need to declare that denial on every subsequent visa application including the VWP. I will note that it's unclear whether the time between submitting the B-2 application and a subsequent denial is counted as an overstay. Some say yes, some say no. I say, it's a red flag regardless!


To be honest, what's "best" depends on what works for you... which might not be what works for someone else.


Most likely, yes.

Ian

NatashaB

I wouldn't rely on the H1B visa as a backup option - there is a quota (as in there are not infinite numbers available) and you are not usually allowed to start work until the October after the visa was approved (although that may be different if you are transitioning from another visa - not sure). The B2 visa also carries the risk of denial as explained above.

In terms of security your best bet is to ask the company to petition for a green card - depending on which category you fall into it may be done fairly quickly, my husband's took 9 months from filing to receiving the card. Once you have that you are no longer tied to your employer and can seek work with anyone if you get laid off by the sponsoring company.

crg

Attempting to come right back under the VWP could be a problem. Many L-1 give up their foreign domicile when they come to the US. They can do that. A VWP applicant must maintain an unrelinquished foreign residence they don't plan to abandon. If you don't have a foreign residence when you are seeking entry then you are technically not eligible for the VWP.

A Form I-539 change of status application to B2 could buy you some time to settle your affrairs and depart. While you do that, you can consider other options if they become available.

Jumping from L to H if fired would be hard to time. If someone falls out of status, they can have a problem changing status to another classification. You often can't change status when you have no status.