Question about entering US with L-1 visa: special circumstances
Nov 14th 2003, 9:16 am
#1
Guest
Posts: n/a
Question about entering US with L-1 visa: special circumstances
A close friend of mine works for a foreign branch of a US company and
his company wanted to transfer him to the US. He has recently obtained
an L-1 visa from US ambassy in his home country. However, due to
budget problems, his company is considering to postpone the plan to
bring him on board to the US. Since he holds a valid L-1 visa (the
transfer plan has not been cancelled), can he come to the US and stay
in the US legally for a month or two before starting employment and
getting paid? Could there be any trouble at the port of entry? Assume
his US company has no objection to his plan. And what if his US
company eventually cancels the tranfer plan while he's in US waiting
for their decision? Will he be considered legal or out-of-status for
that period? Assume his US employer can write a letter explaining the
situation and saying it's not his fault. Also can he look for another
job in the US in that case?
Thank you very much for your help!
-David
his company wanted to transfer him to the US. He has recently obtained
an L-1 visa from US ambassy in his home country. However, due to
budget problems, his company is considering to postpone the plan to
bring him on board to the US. Since he holds a valid L-1 visa (the
transfer plan has not been cancelled), can he come to the US and stay
in the US legally for a month or two before starting employment and
getting paid? Could there be any trouble at the port of entry? Assume
his US company has no objection to his plan. And what if his US
company eventually cancels the tranfer plan while he's in US waiting
for their decision? Will he be considered legal or out-of-status for
that period? Assume his US employer can write a letter explaining the
situation and saying it's not his fault. Also can he look for another
job in the US in that case?
Thank you very much for your help!
-David
Nov 14th 2003, 6:40 pm
#2
Guest
Posts: n/a
Re: Question about entering US with L-1 visa: special circumstances
"David M" <[email protected]> wrote in message
news:[email protected]...
> A close friend of mine works for a foreign branch of a US company and
> his company wanted to transfer him to the US. He has recently obtained
> an L-1 visa from US ambassy in his home country. However, due to
> budget problems, his company is considering to postpone the plan to
> bring him on board to the US. Since he holds a valid L-1 visa (the
> transfer plan has not been cancelled), can he come to the US and stay
> in the US legally for a month or two before starting employment and
> getting paid?
If he entered as an L-1, he would be in violation of his status if he's not
employed by the sponsoring company.
> Could there be any trouble at the port of entry? Assume
> his US company has no objection to his plan.
There wouldn't be any problem, because the immigration official at the POE
can't tell by looking at the visa that the job offer has been postponed.
> And what if his US
> company eventually cancels the tranfer plan while he's in US waiting
> for their decision? Will he be considered legal or out-of-status for
> that period?
He would be out of status from the day he entered until he's effectively on
the payroll of the sponsoring company. However, the consequences of that
would only show up when he applies for a Green Card in the future.
> Assume his US employer can write a letter explaining the
> situation and saying it's not his fault.
That wouldn't make any difference.
> Also can he look for another
> job in the US in that case?
A much better plan (other than waiting at home for the job to come through)
would be for him to apply for a tourist visa. Once (if) he starts work with
the sponsoring company he can then apply for a change of status from B-2 to
L-1.
If he's a citizen of a Visa Waiver country, he could visit the US without a
visa for up to 90 days. However, in that case he would have to leave and
re-enter the US to change his status to L-1 before being able to start work.
news:[email protected]...
> A close friend of mine works for a foreign branch of a US company and
> his company wanted to transfer him to the US. He has recently obtained
> an L-1 visa from US ambassy in his home country. However, due to
> budget problems, his company is considering to postpone the plan to
> bring him on board to the US. Since he holds a valid L-1 visa (the
> transfer plan has not been cancelled), can he come to the US and stay
> in the US legally for a month or two before starting employment and
> getting paid?
If he entered as an L-1, he would be in violation of his status if he's not
employed by the sponsoring company.
> Could there be any trouble at the port of entry? Assume
> his US company has no objection to his plan.
There wouldn't be any problem, because the immigration official at the POE
can't tell by looking at the visa that the job offer has been postponed.
> And what if his US
> company eventually cancels the tranfer plan while he's in US waiting
> for their decision? Will he be considered legal or out-of-status for
> that period?
He would be out of status from the day he entered until he's effectively on
the payroll of the sponsoring company. However, the consequences of that
would only show up when he applies for a Green Card in the future.
> Assume his US employer can write a letter explaining the
> situation and saying it's not his fault.
That wouldn't make any difference.
> Also can he look for another
> job in the US in that case?
A much better plan (other than waiting at home for the job to come through)
would be for him to apply for a tourist visa. Once (if) he starts work with
the sponsoring company he can then apply for a change of status from B-2 to
L-1.
If he's a citizen of a Visa Waiver country, he could visit the US without a
visa for up to 90 days. However, in that case he would have to leave and
re-enter the US to change his status to L-1 before being able to start work.
Nov 15th 2003, 7:11 am
#3
Guest
Posts: n/a
Re: Question about entering US with L-1 visa: special circumstances
Jozef, thank you so much for your reply. I still have some follow-up
questions and would appreciate very much if you could answer them.
"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<[email protected]>.. .
> "David M" <[email protected]> wrote in message
> news:[email protected]...
> > A close friend of mine works for a foreign branch of a US company and
> > his company wanted to transfer him to the US. He has recently obtained
> > an L-1 visa from US ambassy in his home country. However, due to
> > budget problems, his company is considering to postpone the plan to
> > bring him on board to the US. Since he holds a valid L-1 visa (the
> > transfer plan has not been cancelled), can he come to the US and stay
> > in the US legally for a month or two before starting employment and
> > getting paid?
>
> If he entered as an L-1, he would be in violation of his status if he's not
> employed by the sponsoring company.
If he is still employed with the foreign branch of the US company (he
has some vacation time to use and may apply for leave of absense if
necessary) while he's in the US waiting, will that make any
difference? He said (based on some articles on the web?) that L-1
holders don't have to be on the payroll of the US company if they are
on the payroll of the foreign company, is that ture?
>
> > Could there be any trouble at the port of entry? Assume
> > his US company has no objection to his plan.
>
> There wouldn't be any problem, because the immigration official at the POE
> can't tell by looking at the visa that the job offer has been postponed.
>
> > And what if his US
> > company eventually cancels the tranfer plan while he's in US waiting
> > for their decision? Will he be considered legal or out-of-status for
> > that period?
>
> He would be out of status from the day he entered until he's effectively on
> the payroll of the sponsoring company. However, the consequences of that
> would only show up when he applies for a Green Card in the future.
Do you mean that an L-1 holder has to be on the payroll of the
sponsoring company on or before the day of his entering the US? I know
F-1 students can arrive in the US up to 30 days prior to the school
start date. Is there any similar provision for work-visa holders?
>
> > Assume his US employer can write a letter explaining the
> > situation and saying it's not his fault.
>
> That wouldn't make any difference.
>
> > Also can he look for another
> > job in the US in that case?
>
> A much better plan (other than waiting at home for the job to come through)
> would be for him to apply for a tourist visa. Once (if) he starts work with
> the sponsoring company he can then apply for a change of status from B-2 to
> L-1.
> If he's a citizen of a Visa Waiver country, he could visit the US without a
> visa for up to 90 days. However, in that case he would have to leave and
> re-enter the US to change his status to L-1 before being able to start work.
Could his L-1 visa be cancelled upon getting a B-2 visa? Actually it
is not easy to get a B-2 visa in his home country. Furthermore, if he
is to change status from B-2 back to L-1 later when he is told to
start work, that would still take quite some time (one to two months?)
for BCIS to approve so that he can start work.
questions and would appreciate very much if you could answer them.
"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<[email protected]>.. .
> "David M" <[email protected]> wrote in message
> news:[email protected]...
> > A close friend of mine works for a foreign branch of a US company and
> > his company wanted to transfer him to the US. He has recently obtained
> > an L-1 visa from US ambassy in his home country. However, due to
> > budget problems, his company is considering to postpone the plan to
> > bring him on board to the US. Since he holds a valid L-1 visa (the
> > transfer plan has not been cancelled), can he come to the US and stay
> > in the US legally for a month or two before starting employment and
> > getting paid?
>
> If he entered as an L-1, he would be in violation of his status if he's not
> employed by the sponsoring company.
If he is still employed with the foreign branch of the US company (he
has some vacation time to use and may apply for leave of absense if
necessary) while he's in the US waiting, will that make any
difference? He said (based on some articles on the web?) that L-1
holders don't have to be on the payroll of the US company if they are
on the payroll of the foreign company, is that ture?
>
> > Could there be any trouble at the port of entry? Assume
> > his US company has no objection to his plan.
>
> There wouldn't be any problem, because the immigration official at the POE
> can't tell by looking at the visa that the job offer has been postponed.
>
> > And what if his US
> > company eventually cancels the tranfer plan while he's in US waiting
> > for their decision? Will he be considered legal or out-of-status for
> > that period?
>
> He would be out of status from the day he entered until he's effectively on
> the payroll of the sponsoring company. However, the consequences of that
> would only show up when he applies for a Green Card in the future.
Do you mean that an L-1 holder has to be on the payroll of the
sponsoring company on or before the day of his entering the US? I know
F-1 students can arrive in the US up to 30 days prior to the school
start date. Is there any similar provision for work-visa holders?
>
> > Assume his US employer can write a letter explaining the
> > situation and saying it's not his fault.
>
> That wouldn't make any difference.
>
> > Also can he look for another
> > job in the US in that case?
>
> A much better plan (other than waiting at home for the job to come through)
> would be for him to apply for a tourist visa. Once (if) he starts work with
> the sponsoring company he can then apply for a change of status from B-2 to
> L-1.
> If he's a citizen of a Visa Waiver country, he could visit the US without a
> visa for up to 90 days. However, in that case he would have to leave and
> re-enter the US to change his status to L-1 before being able to start work.
Could his L-1 visa be cancelled upon getting a B-2 visa? Actually it
is not easy to get a B-2 visa in his home country. Furthermore, if he
is to change status from B-2 back to L-1 later when he is told to
start work, that would still take quite some time (one to two months?)
for BCIS to approve so that he can start work.
Nov 15th 2003, 12:04 pm
#4
Guest
Posts: n/a
Re: Question about entering US with L-1 visa: special circumstances
"David M" wrote in message
news:[email protected]...
> >
> > If he entered as an L-1, he would be in violation of his status if he's
not
> > employed by the sponsoring company.
> If he is still employed with the foreign branch of the US company (he
> has some vacation time to use and may apply for leave of absense if
> necessary) while he's in the US waiting, will that make any
> difference?
No.
> He said (based on some articles on the web?) that L-1
> holders don't have to be on the payroll of the US company if they are
> on the payroll of the foreign company, is that ture?
No.
> > He would be out of status from the day he entered until he's effectively
on
> > the payroll of the sponsoring company. However, the consequences of that
> > would only show up when he applies for a Green Card in the future.
> Do you mean that an L-1 holder has to be on the payroll of the
> sponsoring company on or before the day of his entering the US? I know
> F-1 students can arrive in the US up to 30 days prior to the school
> start date. Is there any similar provision for work-visa holders?
No.
> > A much better plan (other than waiting at home for the job to come
through)
> > would be for him to apply for a tourist visa. Once (if) he starts work
with
> > the sponsoring company he can then apply for a change of status from B-2
to
> > L-1.
> > If he's a citizen of a Visa Waiver country, he could visit the US
without a
> > visa for up to 90 days. However, in that case he would have to leave and
> > re-enter the US to change his status to L-1 before being able to start
work.
> Could his L-1 visa be cancelled upon getting a B-2 visa?
I don't see why the consulate would do that. It is allowed to have multiple
valid visa stamps in one's passport.
> Actually it
> is not easy to get a B-2 visa in his home country.
That's unfortunate - what about a B-1 business visa? He could rightfully
claim that the purpose of his visit is to organize his future employment
with a US company (he even has the L-1 visa to prove it), an activity that
is allowed on a B-1 visa, provided he continues to be paid by the foreign
company.
> Furthermore, if he
> is to change status from B-2 back to L-1 later when he is told to
> start work, that would still take quite some time (one to two months?)
> for BCIS to approve so that he can start work.
You're right, I should have pointed that out. To change status quickly he
could then decide to leave and re-enter the US, for example via Canada.
Please note that I am not a lawyer. Before acting on something you read on
the Internet it is advisable to consult with an immigration attorney.
news:[email protected]...
> >
> > If he entered as an L-1, he would be in violation of his status if he's
not
> > employed by the sponsoring company.
> If he is still employed with the foreign branch of the US company (he
> has some vacation time to use and may apply for leave of absense if
> necessary) while he's in the US waiting, will that make any
> difference?
No.
> He said (based on some articles on the web?) that L-1
> holders don't have to be on the payroll of the US company if they are
> on the payroll of the foreign company, is that ture?
No.
> > He would be out of status from the day he entered until he's effectively
on
> > the payroll of the sponsoring company. However, the consequences of that
> > would only show up when he applies for a Green Card in the future.
> Do you mean that an L-1 holder has to be on the payroll of the
> sponsoring company on or before the day of his entering the US? I know
> F-1 students can arrive in the US up to 30 days prior to the school
> start date. Is there any similar provision for work-visa holders?
No.
> > A much better plan (other than waiting at home for the job to come
through)
> > would be for him to apply for a tourist visa. Once (if) he starts work
with
> > the sponsoring company he can then apply for a change of status from B-2
to
> > L-1.
> > If he's a citizen of a Visa Waiver country, he could visit the US
without a
> > visa for up to 90 days. However, in that case he would have to leave and
> > re-enter the US to change his status to L-1 before being able to start
work.
> Could his L-1 visa be cancelled upon getting a B-2 visa?
I don't see why the consulate would do that. It is allowed to have multiple
valid visa stamps in one's passport.
> Actually it
> is not easy to get a B-2 visa in his home country.
That's unfortunate - what about a B-1 business visa? He could rightfully
claim that the purpose of his visit is to organize his future employment
with a US company (he even has the L-1 visa to prove it), an activity that
is allowed on a B-1 visa, provided he continues to be paid by the foreign
company.
> Furthermore, if he
> is to change status from B-2 back to L-1 later when he is told to
> start work, that would still take quite some time (one to two months?)
> for BCIS to approve so that he can start work.
You're right, I should have pointed that out. To change status quickly he
could then decide to leave and re-enter the US, for example via Canada.
Please note that I am not a lawyer. Before acting on something you read on
the Internet it is advisable to consult with an immigration attorney.
Nov 15th 2003, 12:51 pm
#5
Guest
Posts: n/a
Re: Question about entering US with L-1 visa: special circumstances
On Sat, 15 Nov 2003 12:11:54 -0800, David M wrote:
> Jozef, thank you so much for your reply. I still have some follow-up
> questions and would appreciate very much if you could answer them.
>
> "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<[email protected]>.. .
>> "David M" <[email protected]> wrote in message
>> news:[email protected]...
>> > A close friend of mine works for a foreign branch of a US company and
>> > his company wanted to transfer him to the US. He has recently
>> > obtained an L-1 visa from US ambassy in his home country. However,
>> > due to budget problems, his company is considering to postpone the
>> > plan to bring him on board to the US. Since he holds a valid L-1 visa
>> > (the transfer plan has not been cancelled), can he come to the US and
>> > stay in the US legally for a month or two before starting employment
>> > and getting paid?
>>
>> If he entered as an L-1, he would be in violation of his status if he's
>> not employed by the sponsoring company.
>
> If he is still employed with the foreign branch of the US company (he
> has some vacation time to use and may apply for leave of absense if
> necessary) while he's in the US waiting, will that make any difference?
> He said (based on some articles on the web?) that L-1 holders don't have
> to be on the payroll of the US company if they are on the payroll of the
> foreign company, is that ture?
It's not really relevant because the criterion here is that the L-1 would
have to be performing work for the US branch. A good indicator is often
where he shows up on the company's org chart.
It is legal to enter the US up to, I believe, 30 days before the job
actually starts.
I concur with Jozef's suggestion that he should use a tourist visa or the
visa waiver to come to the USA if he wants to spend more than 30 days.
Realistically, though, as long as the delay in starting the job isn't
excessive, I would not expect any real problem.
>> A much better plan (other than waiting at home for the job to come
>> through) would be for him to apply for a tourist visa. Once (if) he
>> starts work with the sponsoring company he can then apply for a change
>> of status from B-2 to L-1.
>> If he's a citizen of a Visa Waiver country, he could visit the US
>> without a visa for up to 90 days. However, in that case he would have
>> to leave and re-enter the US to change his status to L-1 before being
>> able to start work.
>
> Could his L-1 visa be cancelled upon getting a B-2 visa?
No. Well, it could theoretically. But if it did get cancelled, it wouldn't
be because of the B-2.
> Actually it is not easy to get a B-2 visa in his home country.
If he explains the situation, it will actually help strengthen his case.
The main reason why B-2s are denied is the concern that the person may end
up trying to immigrate. Well, if he can show that he already has plans for
the time after the B-2, that's no longer an issue. He should emphasize
that he plans to leave the US after the B-2, rather than change within the
USA.
> Furthermore, if he is to change status from B-2 back to L-1 later when
> he is told to start work, that would still take quite some time (one to
> two months?) for BCIS to approve so that he can start work.
Since he already has an L-1 visa, he can simply go to Canada or Mexico and
get his L-1 the same day. Just be sure to surrender the B-2 I-94 when
leaving the US (if going to Mexico, to US authorities. If going to Canada,
to Canadian authorities).
Otherwise, you are right, that change of status would take too long.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Jozef, thank you so much for your reply. I still have some follow-up
> questions and would appreciate very much if you could answer them.
>
> "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<[email protected]>.. .
>> "David M" <[email protected]> wrote in message
>> news:[email protected]...
>> > A close friend of mine works for a foreign branch of a US company and
>> > his company wanted to transfer him to the US. He has recently
>> > obtained an L-1 visa from US ambassy in his home country. However,
>> > due to budget problems, his company is considering to postpone the
>> > plan to bring him on board to the US. Since he holds a valid L-1 visa
>> > (the transfer plan has not been cancelled), can he come to the US and
>> > stay in the US legally for a month or two before starting employment
>> > and getting paid?
>>
>> If he entered as an L-1, he would be in violation of his status if he's
>> not employed by the sponsoring company.
>
> If he is still employed with the foreign branch of the US company (he
> has some vacation time to use and may apply for leave of absense if
> necessary) while he's in the US waiting, will that make any difference?
> He said (based on some articles on the web?) that L-1 holders don't have
> to be on the payroll of the US company if they are on the payroll of the
> foreign company, is that ture?
It's not really relevant because the criterion here is that the L-1 would
have to be performing work for the US branch. A good indicator is often
where he shows up on the company's org chart.
It is legal to enter the US up to, I believe, 30 days before the job
actually starts.
I concur with Jozef's suggestion that he should use a tourist visa or the
visa waiver to come to the USA if he wants to spend more than 30 days.
Realistically, though, as long as the delay in starting the job isn't
excessive, I would not expect any real problem.
>> A much better plan (other than waiting at home for the job to come
>> through) would be for him to apply for a tourist visa. Once (if) he
>> starts work with the sponsoring company he can then apply for a change
>> of status from B-2 to L-1.
>> If he's a citizen of a Visa Waiver country, he could visit the US
>> without a visa for up to 90 days. However, in that case he would have
>> to leave and re-enter the US to change his status to L-1 before being
>> able to start work.
>
> Could his L-1 visa be cancelled upon getting a B-2 visa?
No. Well, it could theoretically. But if it did get cancelled, it wouldn't
be because of the B-2.
> Actually it is not easy to get a B-2 visa in his home country.
If he explains the situation, it will actually help strengthen his case.
The main reason why B-2s are denied is the concern that the person may end
up trying to immigrate. Well, if he can show that he already has plans for
the time after the B-2, that's no longer an issue. He should emphasize
that he plans to leave the US after the B-2, rather than change within the
USA.
> Furthermore, if he is to change status from B-2 back to L-1 later when
> he is told to start work, that would still take quite some time (one to
> two months?) for BCIS to approve so that he can start work.
Since he already has an L-1 visa, he can simply go to Canada or Mexico and
get his L-1 the same day. Just be sure to surrender the B-2 I-94 when
leaving the US (if going to Mexico, to US authorities. If going to Canada,
to Canadian authorities).
Otherwise, you are right, that change of status would take too long.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
