Fhm

Hi guys,

I currently have L1A visa.. The company is preparing a reorganization
plan.

In case of a lay off how much grace time do I have (how long can I stay
without
violating my status - USCIS rules changes very frequently 10 days ? 1
month ? 2 months ?)

In that case it happened what are my options. ?
H1-B season is coming up, do you think converting my status to B1/B2 is
a good idea...
How much time I can get in this case.. If you have similar experience
please share with me
so I can get a rough idea.. I have no complication on my file...

Thanks in advance..
FHM

J. J. Farrell

FHM wrote:
    > I currently have L1A visa.. The company is preparing a reorganization
    > plan.
    > In case of a lay off how much grace time do I have (how long can I stay
    > without
    > violating my status - USCIS rules changes very frequently 10 days ? 1
    > month ? 2 months ?)

As far as I'm aware, the rules have never changed. You have to leave
"immediately". They will sometimes either not notice that you have been
out of status for a short while, or will unofficially turn a blind eye
to a short period out of status if they do notice. If you don't leave
"immediately" and don't officially apply to change your status, you're
relying on luck as to whether or not you'll be considered out of
status.

    > In that case it happened what are my options. ?
    > H1-B season is coming up, do you think converting my status to B1/B2 is
    > a good idea...
    > How much time I can get in this case.. If you have similar experience
    > please share with me
    > so I can get a rough idea.. I have no complication on my file...

I believe it's usually considered reasonable to apply to change to B-2
for a couple of months, to tidy up your affairs and take some vacation
before leaving. If you happen to find an H-1B sponsor while you are on
vacation, you can change again to H-1B.

Kevin Keane

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J. J. Farrell wrote:
    > FHM wrote:
    >> I currently have L1A visa.. The company is preparing a reorganization
    >> plan.
    >> In case of a lay off how much grace time do I have (how long can I stay
    >> without
    >> violating my status - USCIS rules changes very frequently 10 days ? 1
    >> month ? 2 months ?)
    >
    > As far as I'm aware, the rules have never changed. You have to leave
    > "immediately". They will sometimes either not notice that you have been
    > out of status for a short while, or will unofficially turn a blind eye
    > to a short period out of status if they do notice.

Also note that if the House version of the new immigration bill becomes
law, they couldn't turn a blind eye any more; you would then immediately
be considered a felon subject to a prison sentence.

Fortunately, it looks like this provision won't make it into the law;
the Senate voted it down.

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TimFountain

You can apply for a B-2 to clean up your affairs. You will be in status whilst the application is pending. Also you might want to consider starting the GC application now (employeer permitting of course).....