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-   -   L1 Employment Termination - Options? (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/l1-employment-termination-options-788881/)

Nycldn2012 Feb 27th 2013 5:17 pm

L1 Employment Termination - Options?
 
Hello all,

I have been in the US for close to two years under an L1 Blanket. My employment was just terminated, with my last day of employment set for the middle of March following the 2 week notice period.

I wanted to seek your advice on what would be the last day that I can stay in the US? I understand that my now previous employer has some discretion in when to inform US immigration?

Do you believe I could stay in the country until the end of March? I have an offer from a firm in London, which will start on 1 April.

Would I need to switch to a visitor's visa, a B-2 I believe?

Are there any other options I should consider? It seems very unlikely that I will be able to get an offer for the US as from what I understand the prospective firm would need to submit a new visa application.

Really appreciate everyone's advice, in what is a somewhat stressful situation. :)


Thanks.

Bob Feb 27th 2013 5:36 pm

Re: L1 Employment Termination - Options?
 
Reasonable stay, of 10 days after the status is no longer valid.

If you need more time than that, it's possible to apply for a B2 to tidy up affairs, but for a couple of extra weeks, you'd be gone before a decision is made.

To stay, under the L1, you'd need to find another company under the umbrella company that wants to hire you, other wise if it's a fresh company, it'll be a H1.

You might want to have a consult with your own immigration lawyer to go over your options so that you understand them properly so you don't potentially make anything worse for a future sponsor.

Noorah101 Feb 27th 2013 5:39 pm

Re: L1 Employment Termination - Options?
 
I agree with Bob, A 2-week stay after the L-1 job ends most likely won't be a problem.

Rene

Nycldn2012 Feb 27th 2013 5:43 pm

Re: L1 Employment Termination - Options?
 
Thanks for the posts so far.

So to stay to the end of March do I need to apply for a B2, or notify Immigration of anything? Would ideally like to stay a week past the 10 days, which I assume starts on my last day of employment. My previous employer would notify immigration after I left the country, I assume that's the discretionary point they mentioned - but would need to confirm.

zerlesen Feb 27th 2013 6:07 pm

Re: L1 Employment Termination - Options?
 

Originally Posted by Nycldn2012 (Post 10573631)
So to stay to the end of March do I need to apply for a B2, or notify Immigration of anything? Would ideally like to stay a week past the 10 days, which I assume starts on my last day of employment. My previous employer would notify immigration after I left the country, I assume that's the discretionary point they mentioned - but would need to confirm.

The ten day figure is unofficial. As soon as your employment ends you will become "out of status." Bad things really start to happen when you become "unlawfully present," but you can be out of status without being unlawfully present. Here is a link posted (by crg) in an old thread - pages 9 and 10 might be relevant.

Noorah101 Feb 27th 2013 6:22 pm

Re: L1 Employment Termination - Options?
 

Originally Posted by Nycldn2012 (Post 10573631)
So to stay to the end of March do I need to apply for a B2, or notify Immigration of anything?

No.

Rene

Hotscot Feb 27th 2013 6:23 pm

Re: L1 Employment Termination - Options?
 

Originally Posted by zerlesen (Post 10573674)
The ten day figure is unofficial. As soon as your employment ends you will become "out of status." Bad things really start to happen when you become "unlawfully present," but you can be out of status without being unlawfully present. Here is a link posted (by crg) in an old thread - pages 9 and 10 might be relevant.

When I lost my L1 status I was happily living with my US girlfriend. Stayed that way for a year then got married. No repercussions.

This is not advice this is just anecdotal.


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