tonytran822012

Hi All,
Please help to take a look my special case and help if you have experience in L1 visa.

- I were working for a company in my country which has headquarters in US. I got visa L1 to work with client in US. I finished assignment in US after 3 months and backed to my country for continue working. However, I resigned the company in my country 5 months later.

- At this time, my L1 visa was still NOT expired (1 year) so I use it to re-enter US again and NOW I am living in US. When going to airport, they accept 3 years by stamping on I-94. It means I can live in US in 3 years.

- Currently, my L1 visa expired, however, I-94 is still valid to 2015. So, I have some below concerns

+ Could I stay eligible in US to 2015 that was defined on I-94?
+ If I can stay in US to 2015, can I legally find a job? Do other company accept L1 visa when they hire me? Or, they have to sponsor other visa before hiring me (Ex: H1B, Green Card, etc ...). If they don't sponsor other visa for me, are there any ways i find a job?
+ Although my visa expired but I-94 is still valid to 2015, could I extend my Visa so I can back to my country and return to US again?
+ Could I apply Green Card? I heard that we can apply Green Card with L1 visa, is it correct?

Thank you very much for your helps.

S Folinsky

It is necessary to separate out your general questions from the ones specific to you.

As a general rule, it is true that a person in valid L-1A status is also in a position to obtain lawful permanent residence through their employment. Of course, this general statement does not apply to your specific situation.

Inasmuch as you were not eligible for admission on your visa at the time of your last entry, it cannot be said that you could "stay" eligible."

In order to change to another employment, you would have to have a another visa petition filed on your behalf, perhaps H-1b is eligible. However, you would have to depart the US to obtain a new visa given your current unlawful status in the US.

You do not seem to be accruing "bad time" for the purpose of the three/ten year bars to return. However, there are the issues of apparent immigration fraud inhering in your last entry.

If you should marry a US citizen, much in the way of the equation might very well change. That said, you might want to worry about the apparent visa fraud.

You do not say what country you are from -- if you are considering asylum, do note that there is a general time limit that one should apply within one year of admission.

You may very well want to obtain legal counsel.

ian-mstm

The day you resigned, your L-1 visa became immediately invalid whether or not it was unexpired.


You should not have used the L-1. You are unlawfully in the US and you have been for as long as you've been here.


This probably happened, because you failed to tell the officer that you were no longer working for your L-1 sponsor and that your L-1 visa was invalid.

Your questions are irrelevant... because you are currently out of status in the US and should leave immediately.

Ian

tonytran822012

Actually I gave the wrong information, I am still employee of my company. I want to take non-paid leave for 6 months and my company accepted. Could you please tell me the next steps I should do? I intend to continue to go to school, is it possible?

ian-mstm

Why would you do that? Since it's now difficult to believe any part of your story, I'm going to stop responding.

Ian

lj2

Ignoring the lying illegal for a moment... This happened to me (entry on the L1 after I had ceased working for the US arm of my employer) even thoguh I specifically asked the PoE officer about whether to enter on the L1 or VWP (and had completed both I94 and I94W).

I get concerned that this could cause a problem for me down the line...?

SanDiegogirl

Why do you ask this? Are you in the US based on having an L-1 when actually you don't?

lj2

No, no not at all. I am in the UK looking to apply for a second L1 over the next few months. This instance was a return to the US in June for a wedding within the validity time period of my previous L1A. I was in the states for a few days, but the stamp (June 2010) is in my passport as an I94 entry. I decided to cease my secondment to the US arm of my firm in December 2009, although was still with the same global organisation.

scrubbedexpat099

So you are still with the same company?

lj2

"Yes".... they're actuaqlly separate legal entities but for the purposes of the L1A we are under a global banner. So yes, Im back with the UK version of the employer with whom I transferred under the first L1. Second L1 will be with same employer.