NSBlake

I posted this question in one of my other threads re L1 to GC but I think it may not have been noticed.

"Its a quicky":

During the processing of the L1 to GC - if the company said I had to go back to the UK could I stay here while the GC was being processed? Or does the fact that they sponsored the GC and then in effect withdrew support [as they are asking me to leave the US and go back to the UK] - mean I would have to pack up and leave?

Thans for all your help on this matter guys (and gals!) ;-)

Orangepants

Sorry to hear the bad news.

Not sure I understand what you are asking. Do the company want you to go back and work for them in the UK or are they terminating you? If they are terminating you they cant tell you where to go and live.
If you are asking can you stay whilst not having employment whilst waiting for the GC to process, you could do as my OH did and change status to a B2. He was given 6 months to tidy up his affairs and during that time sorted out another visa. Visa came though 6 days before his time was up!

Noorah101

OP is putting forth a scenario where she is still employed by the sponsoring company, and the company begins the AOS process for her and the family. Her question is: Once the AOS has been filed, can the OP legally stay in the USA, even if her job goes under?

Marriage-based AOS cases allow the applicant to stay in the USA until a decision is made on the case. I'm not sure if employment-based AOS cases work the same way.

Rene

Bob

I think it depends on how far the process gets...once you've gotten to the stage of being able to get the EAD, I think you might be okay, if not then not okay.

Though I'd definitely want to get an opinion from an experienced work based immigration lawyer that is not the company lawyer for a consult on this.

SanDiegogirl

You have already posted that you have been told that, with changes in your company, you will become redundant. You will be repatriated to the UK as per you employment agreement, and there is no job for you in the UK. Your company had said that they would not agree to sponsor you for the Green card.

Have they changed their minds? Are they able to do this even though they have effectively terminated your position?

I would at least speak to the company's immigration lawyer to see if this is feasible. Then speak to a non employed immigration lawyer.

NSBlake

Thanks for the comments - I will be doing what you state but I just wanted to know (due to the draft time frame) whether one could stay here whilst the GC was being processed. If you could, I was then going to have another chat to my company and point out that the cost to sponsor me to stay here would be approx a third of what they have to pay to send me home with my belongings........."everybody kind of wins"

zerlesen

It depends. Once your job ends your L status goes away, unfortunately. However, if you've already filed your I485 your status can be considered "applicant for adjustment of status" and you can stick around. Unfortunately (again) at the time your I485 is adjudicated they will check to see if you're intending to work for the I140 sponsor (as the GC is granted based on future employment) which would presumably cause problems. But if your I485 is filed and pending for (I think) 180 days your approved I140 becomes "portable" to other similar jobs (google "AC21") and so other options open up.

Perhaps needless to say, the area is complicated enough that I am confident the paragraph above contains mistakes. As per usual, consulting a lawyer is a good plan.

SanDiegogirl

Have you actually been given an "official" notice of termination? You said that you have been 'advised' that you would be moved out of your position in June and that there were no other positions to offer you in the US.

If you have NOT been given an official notice of termination there is nothing to lose by discussing with your employers (again) going for the Green Card.

Put it like this, of course one can stay in one's job in the US while the Green Card is being processed. You have to determine if you 'officially' have a job so that the company, if agreeable to your wishes, can apply for the Green card for you, because they are still 'sponsoring' you for it. If you determine you can go for the Green card because you still have a job, then you need to clarify if, and when, you get the official notice of redundancy whether the application can continue.

Only an immigration lawyer can help you here.

Also, if the Green card option is a no go, some people have said that they changed to the B-2 to tied them over while finishing things up.

Good luck.

NSBlake

Thanks all - I'll contact an immigration lawyer (but it doesn't look good)