Black

Supposing I can negotiate with my firm to keep my l-1b visa active,
although under a leave of absence for studying, does anyone know whether
I can study in the US under my L-1B visa?
If not, do I have to renounce to this visa? or can I apply for a F1 or
J1 in parallel?
My L-1b visa is valid for 3 years until mid-2007. This would cover the
full period of my studies (Fall 2006-Summer 2007).
Maybe I should in any event swtich for F1 or J1 to work another period
in the US after my year of studies (my L1b visa will be almost expired
at the end of my studies)???
Please advise.

--
Posted via http://expatforums.com

Kevin Keane

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black wrote:

    >
    > Supposing I can negotiate with my firm to keep my l-1b visa active,
    > although under a leave of absence for studying, does anyone know whether
    > I can study in the US under my L-1B visa?

Most likely, USCIS would not accept this type of leave of absence. That may
actually be good news for you. If you did this, you would continue to waste
time of your five years maximum of L-1B time.

    > If not, do I have to renounce to this visa?

You don't have to renounce the visa; it has nothing to do with it - what
matters is your status. You would be violating your status by not working.

    > or can I apply for a F1 or J1 in parallel?

Yes, an F-1. It would not be in parallel. Rather, you would apply for a
change of status to F-1. Your L-1B would end as soon as the F-1 was
approved. Later, you could possibly apply for a change of status back to
L-1B (although I'm not sure if you would qualify any more since your
foreign employment at that point would be too old. You might have to go for
an H-1B instead).

    > My L-1b visa is valid for 3 years until mid-2007. This would cover the
    > full period of my studies (Fall 2006-Summer 2007).
    > Maybe I should in any event swtich for F1 or J1 to work another period
    > in the US after my year of studies (my L1b visa will be almost expired
    > at the end of my studies)???
    > Please advise.
    >

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Folinskyinla

Hi:

Your question raises other questions.

An L-1b CAN study while in L-1b status. However, that mention of "leave of absence" raises a question of whether you would remain in L-1b status.

jrg

"Supposing I can negotiate with my firm to keep my l-1b visa active,
although under a leave of absence for studying, does anyone know
whether I can study in the US under my L-1B visa?"

Any lawful nonimmigrant may study incidental to his or her authorized
nonimmigrant employment in the U.S. I interpret your question, however,
to inquire as to whether you may study in place of employment. Unless
the study directly involves your job, the answer is no.

"If not, do I have to renounce to this visa? or can I apply for a F1 or
J1 in parallel?"

You may and should apply for a change of nonimmigrant status to F or J
in order to accomplish your goals.

"My L-1b visa is valid for 3 years until mid-2007. This would cover the
full period of my studies (Fall 2006-Summer 2007).
Maybe I should in any event swtich for F1 or J1 to work another period
in the US after my year of studies (my L1b visa will be almost expired
at the end of my studies)???"

Your L-1B visa will EXPIRE in 2007. Your L-1B status is valid only as
long as you continue to conform to the terms of your L-1B admission
(i.e., continue to work for your petitioning employer). If you cease
working as an L-1B, your status automatically lapses. If you
subsequently depart and attempt to re-enter the US using an L-1B visa
for the purpose of attending school, that will constitute visa fraud
and could subject you to a lifetime bar on returning to the US.


Ron Gotcher
Attorney at Law
http://www.imminfo.com
http://immigration-information.com/forums/index.php

Black

    > "Supposing I can negotiate with my firm to keep my l-1b visa active,
    > although under a leave of absence for studying, does anyone know
    > whether I can study in the US under my L-1B visa?"
    > Any lawful nonimmigrant may study incidental to his or her authorized
    > nonimmigrant employment in the U.S. I interpret your question,
    > however,
    > to inquire as to whether you may study in place of employment. Unless
    > the study directly involves your job, the answer is no.
    > "If not, do I have to renounce to this visa? or can I apply for a F1
    > or
    > J1 in parallel?"
    > You may and should apply for a change of nonimmigrant status to F or J
    > in order to accomplish your goals.
    > "My L-1b visa is valid for 3 years until mid-2007. This would cover
    > the
    > full period of my studies (Fall 2006-Summer 2007).
    > Maybe I should in any event swtich for F1 or J1 to work another period
    > in the US after my year of studies (my L1b visa will be almost expired
    > at the end of my studies)???"
    > Your L-1B visa will EXPIRE in 2007. Your L-1B status is valid only as
    > long as you continue to conform to the terms of your L-1B admission
    > (i.e., continue to work for your petitioning employer). If you cease
    > working as an L-1B, your status automatically lapses. If you
    > subsequently depart and attempt to re-enter the US using an L-1B visa
    > for the purpose of attending school, that will constitute visa fraud
    > and could subject you to a lifetime bar on returning to the US.
    > Ron Gotcher
    > Attorney at Law
    > http://www.imminfo.com
    > http://immigration-information.com/forums/index.php

Thanks for your answers.
Do I need to notify INS when leaving the US to return to my home office
(within the same firm)?
Cannot I keep my L-1B visa in order to study and work in parallel with
the US office of my firm? my studies are related to my work (basically,
acquiring equivalence diplomas in my field of practice since my home
diploma is not fully recognized in the US).
Thanks again for your help.
best regards,
Black

--
Posted via http://expatforums.com

Kevin Keane

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[email protected] wrote:

    > "Supposing I can negotiate with my firm to keep my l-1b visa active,
    > although under a leave of absence for studying, does anyone know
    > whether I can study in the US under my L-1B visa?"
    >
    > Any lawful nonimmigrant may study incidental to his or her authorized
    > nonimmigrant employment in the U.S.

As far as I know, this was somewhat restricted after 9/11. In particular,
the changes affected tourists and F-2s. For the case at hand, of course it
would still apply. You can go to night school, as long as you remain
primarily an L-1B.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Kevin Keane

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black wrote:

    >
    >> "Supposing I can negotiate with my firm to keep my l-1b visa active,
    >> although under a leave of absence for studying, does anyone know
    >> whether I can study in the US under my L-1B visa?"
    >> Any lawful nonimmigrant may study incidental to his or her authorized
    >> nonimmigrant employment in the U.S. I interpret your question,
    >> however,
    >> to inquire as to whether you may study in place of employment. Unless
    >> the study directly involves your job, the answer is no.
    >> "If not, do I have to renounce to this visa? or can I apply for a F1
    >> or
    >> J1 in parallel?"
    >> You may and should apply for a change of nonimmigrant status to F or J
    >> in order to accomplish your goals.
    >> "My L-1b visa is valid for 3 years until mid-2007. This would cover
    >> the
    >> full period of my studies (Fall 2006-Summer 2007).
    >> Maybe I should in any event swtich for F1 or J1 to work another period
    >> in the US after my year of studies (my L1b visa will be almost expired
    >> at the end of my studies)???"
    >> Your L-1B visa will EXPIRE in 2007. Your L-1B status is valid only as
    >> long as you continue to conform to the terms of your L-1B admission
    >> (i.e., continue to work for your petitioning employer). If you cease
    >> working as an L-1B, your status automatically lapses. If you
    >> subsequently depart and attempt to re-enter the US using an L-1B visa
    >> for the purpose of attending school, that will constitute visa fraud
    >> and could subject you to a lifetime bar on returning to the US.
    >> Ron Gotcher
    >> Attorney at Law
    >> http://www.imminfo.com
    >> http://immigration-information.com/forums/index.php
    >
    > Thanks for your answers.
    > Do I need to notify INS when leaving the US to return to my home office
    > (within the same firm)?

No need to inform immigration authorities, other than the regular that
everybody who departs has to do (surrender the I-94, and in some cases
check out with immigration at the airport). INS actually no longer exists;
you would be dealing with either USCIS or with CBP.

    > Cannot I keep my L-1B visa in order to study and work in parallel with
    > the US office of my firm?

You can keep the L-1B as long as the main purpose continues to be working
for that employer.

    > my studies are related to my work (basically, acquiring equivalence
    > diplomas in my field of practice since my home diploma is not fully
    > recognized in the US).

This might be a borderline case. In some cases, if the studies are directly
related to your job, you could indeed keep the L-1B. In that case, it would
basically be more "training" rather than "studying".

It may not be a good idea in the end, though. In most cases, an F-1 ends up
being better for you (although there are some advantages to an L-1B as
well; it depends on your specific situation).

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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