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L1 / married / lost job... thoughts?

L1 / married / lost job... thoughts?

Old Aug 2nd 2011, 10:03 pm
  #1  
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Default L1 / married / lost job... thoughts?

I'm hoping someone here might be able to answer a few questions about my current status before I think about contacting an immigration lawyer. Which I'm close to.

I'm a UK citizen, currently in the US on an L-1a visa but recently found out I've been laid off. I have also just (very recently, in the past week) married my US fiancee.

Some initial questions I have:
I believe, based on what I've read, that now that I'm married I need to apply for AOS etc which can take up to 90 days. What will my status be in the time between my last day of work and the time I receive my AOS?
The big question obviously being, will I need to leave the country?
The second big thing. If I apply for work is it possible to transfer the L1 visa to another company. I don't believe that's possible but then I've heard mixed feedback.

Any light that can be cast on this would be excellent.

Thanks in advance for any help!
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Old Aug 2nd 2011, 10:44 pm
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Default Re: L1 / married / lost job... thoughts?

Originally Posted by exthree View Post
I believe, based on what I've read, that now that I'm married I need to apply for AOS etc which can take up to 90 days. What will my status be in the time between my last day of work and the time I receive my AOS?
Your official status is "pending adjustment". Adjustment will take anywhere from 5 months to a year.


The big question obviously being, will I need to leave the country?
Once you file for AOS and your application is accepted (you will get a receipt), then you are allowed to remain in the US under "color of law" until such time as the adjustment is adjudicated.


If I apply for work is it possible to transfer the L1 visa to another company.
No. You must have worked for an L-1 sponsor for a minimum of one year prior to being eligible for a visa. You can do it with an H-1B visa, but not an L-1. Regardless, you will apply for employment authorization with the AOS package and once you receive an EAD, you can work for whomever you want, wherever you want.

Ian
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Old Aug 2nd 2011, 10:59 pm
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Default Re: L1 / married / lost job... thoughts?

Originally Posted by ian-mstm View Post
Your official status is "pending adjustment". Adjustment will take anywhere from 5 months to a year.



Once you file for AOS and your application is accepted (you will get a receipt), then you are allowed to remain in the US under "color of law" until such time as the adjustment is adjudicated.



No. You must have worked for an L-1 sponsor for a minimum of one year prior to being eligible for a visa. You can do it with an H-1B visa, but not an L-1. Regardless, you will apply for employment authorization with the AOS package and once you receive an EAD, you can work for whomever you want, wherever you want.

Ian

Thanks Ian, great info.
Is the employment authorization available from completion of AOS (5 months-1 year) or as soon as the application has been accepted?
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Old Aug 2nd 2011, 11:02 pm
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Default Re: L1 / married / lost job... thoughts?

Originally Posted by exthree View Post
Is the employment authorization available from completion of AOS (5 months-1 year) or as soon as the application has been accepted?
The EAD will take about 90 days to receive once the AOS is accepted. You will receive a notice to appear for fingerprints.

Ian
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Old Aug 4th 2011, 2:30 pm
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Default Re: L1 / married / lost job... thoughts?

Also I would recommend that you file AOS ASAP.
With a expired L1A you will be "unlawfully present in the USA".

I never heard about any incident but in case you get pulled over by the Cops you can get into deportation proceedings.

I had a L1A and lost my job -so I am aware of your situation.

Just to be on the safe side - file AOS immediately if possible before you are out of work !

Good luck
CCR
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