NatashaB

We're currently considering moving to the US on an L1 visa. What sort of grace period do you get to find another job if you are laid off from the sponsoring company?

If my husband was unable to find another job and we had to return home to the UK - i believe that my husband's ex-wife (US resident) would have to give permission for us to take my husband's stepchild out of the country (stepchild lives with us currently under UK custody agreement). If she refused to grant permission would this constitute exceptional circumstances to remain in the US (either beyond the usual grace period allowed to sort out your affairs, or more permanently?).

fatbrit

It would be highly,highly unlikely that you managed to secure another L1 job since you are required to have worked for the sponsoring overseas company for at least one year out of the last three year. It may or may not be possible to shuffle to another status -- depends on both availability and qualifications.

You don't get a free pass to live in the US just because you've got a child here.

scrubbedexpat099

You do not, it is an inter company transfer.

10 days seems to be the norm, you might stretch it but no more than 30.

You could try and change status to a B.

Sounds like a good reason not to go. Any stretch would be temporary, so I am not sure what it would buy you.

NatashaB

Thanks for your replies - they are very useful. I realise he would not be able to find another company to sponsor him on an L visa as obviously this requires you to have been employed by the co for 1 out of the 3 years - i was thinking more of him adjusting status to h1b although he doesn't have a degree qualification so would have to be justified via the years experience in his field (may be tough). Potentially a family member might also be able to sponsor him if they had finalised their own citizenship by then.

I thought i had read there were exceptional circumstances in which you could stay beyond usual couple of weeks that you would get to tidy up affairs, but maybe i was just confused

Noorah101

Only if that family member is an immediate relative (parent, child over 21, or sibling). And even then, he isn't allowed to stay in the USA while the process for his immigrant visa is going on.

Rene

meauxna

Unless that person is his spouse or child over 21 years old, there would not be any immediate benefit allowing him to stay.

S Folinsky

If it is on an L-1A visa, and the employer then files an EB-1C I-140 concurrent with an adjustment application, and 180 days goes by after filing of the adjustment -- the section 204(j) portability provisions for immigrant status will then kick in. It should be noted that eligibility for invocation of 204(j) is kind of murky at this point.

NatashaB

Thanks - so to clarify, once he is at that stage in the process, he can work for a different employer? what status would he be known under if he did so? It is more likely an L1a visa that he would be on.