Aquapanther

Hi all,

My L1 visa is about to become invalid due to company structure changes.

My choices are to go back to the UK for at least 16 months to 3 years while further paperwork gets filed to bring me back, or alternatively taking 6 months out on a B visa to explore the US and consider my options.
Given that my paperwork for the L1 states that the intention was to keep me here until 2020 and returning to the UK would mean a change in working hours (I'd have to switch to back shift to cover US workload), do you think that coves enough ground for me to claim that they are making me redundant rather than me resigning?


Thanks.

TomTom1988

Why is the redundancy vs resignation distinction important?

jxv73

- under the new USCIS NTA policy, if they deny your B-1 change of status, they can initiate removal proceedings. I would avoid this route.

sherbert

COBRA? A federal law that requires employers who offer health care benefits to offer the option of continuing this coverage to individuals who would otherwise lose their benefits due to termination of employment.

Noorah101

Since the OP would most likely have to return to the UK, COBRA eligibility becomes moot.

Rene

Aquapanther

It would be the UK company making me redundant, so I would have some tax benefits, plus I would be getting some money for the length of time I've been there (as I would not be working any notice due to not being able to work!).

Aquapanther

What do you mean?
I would be returning to the UK likely latest Christmas so it is not my intention to stay in the US longer that the allowed 6 months.
I would always be prepared to leave if the refused the application for some reason.

Aquapanther

I didn't know that. At the same cost as what they pay?
I have already opened discussion with the companies insurers and they have said to contact them if it happens and they will sort me out.

However saying that, I would likely be better off getting travel insurance instead, no?

Noorah101

COBRA is not at the discounted premium you probably pay now. COBRA is where you pay 100% of the cost of the premium. Travel insurance might work out, I'm not sure.

As for being put into removal proceeding if B-2 gets denied, I think they are referring to the fact that it will take several months to find out if the change to B-2 is approved, and if it is not, then you've overstayed your current visa by that many months.

Rene

Aquapanther

Am I not entitled to stay while they decide whether the B-2 is valid, and then would be considered as to have overstayed my welcome the day after the denial?

Olly_

If denied you will now be served with a NTA (Notice to Appear). You will then have to stay to fight it in court (and during this time accruing more unlawful presence) - if you leave the US without fighting it you will trigger an automatic ban. It's very risky.

jxv73

Please note I am not talking about an overstay. I am talking about what happens if you apply, and 3 or 4 months after your L status has lapsed, USCIS denies the application. If this happens and USCIS starts removal proceedings you cannot leave! That would make you subject to a 5 year bar on re-entry.
Frankly in light of the new USCIS policy regarding denial of benefits and NTA, your plan of action appears quite risky. Remember that a change of status is discretionary and USCIS will look to make sure you have a foreign residence with no intent to abandon, and all the other requirements of B status.
To clarify: before the new NTA memo, a COS denial could be fixed by departing from the US. So it was a risk-free proposition. After the new memo, a denied COS could result in removal proceedings, and you stuck in the US while your case proceeds to the Immigration Judge (unless you don't mind the 5 year bar)

jxv73

No, you would have been considered to overstay your welcome as of the day your L status lapsed. And under new USCIS policy, possibly served with a Notice to Appear.

Noorah101

No. As of the date you went out of L status. It's advisable to apply for the change of status several months prior to end of current status, to hopefully get B-2 approval or denial before current legal status ends.

Rene

Fred16

It is my understanding changing of status can be denied for anything now, even a missing document, or not enough information