L1-A visa holder looking to change companies

[Kelly1xbell]

All,

I am looking for answers on how to change companies and stay living in the USA. I am currently in the us on an L1-A visa. We have severed almost all ties with Canada and want to stay working and living in the us. The company that I am currently working with is under financial stress and I have an opportunity to go to another company in any position that is necessary to make the transition smooth. How do I go about doing this and what is the process? Any help would be great as time is closing fast on this opportunity\.

Regards,
Kelly

[Steven]

The new company needs to sponsor you, from the sounds of it either for H-1B or TN-1. You can change status internally by them filing an I-129, although the procedure is fairly complex for H-1B, so TN-1 is the one to go for if you qualify for it. H-1B requires labour certification and is subject to a quota. You'll probably need a relevant degree to get either one (and the job must require it).

Alternatively you can get all the paperwork together and re-enter at a POE for TN-1, which is faster and usually cheaper, depends on how far away you live.

[Kelly1xbell]

Steven,

Thanks for the quick reply. I do not have a degree so what would the best option be for TN or H1-B visa? I do have many years experience and a proven track record for both Management and technical design for Oilfield equipment. Does this help in any way?

If I were to accept the job and quit my current job how long do I have to change my visa status? Also, would it make any difference if the new company paid me from a Canadian company or US company?

If I were to try the investor visa route does anyone know how long that takes?

Does already having a work visa in the US help me in any way?

A lot of questions I know but I am trying to complete this within the next 30 days.

Regards,
KJ

[Steven]

Thanks for the quick reply. I do not have a degree so what would the best option be for TN or H1-B visa? I do have many years experience and a proven track record for both Management and technical design for Oilfield equipment. Does this help in any way?

Without a degree H-1B is not really an option, there is no TN-1 management category and the engineer category requires a degree or state/provincial licence.

If I were to accept the job and quit my current job how long do I have to change my visa status? Also, would it make any difference if the new company paid me from a Canadian company or US company?

Either way they've got to have a US payroll to pay people in the US and a US office to hire people in the US.

If you quit your current job you're out-of-status immediately, you have a "reasonable" amount of time to leave which USCIS usually interprets to mean ten days or less. Basically you'd have to be offered the new job and the new employer would file an I-129 for you and you then either change over to them or re-enter the country.

If I were to try the investor visa route does anyone know how long that takes?

E visas are the most complex non-immigrant visas, have a read of: http://toronto.usconsulate.gov/content/ ... ment=evisa

Does already having a work visa in the US help me in any way?

Well, it saves you from having to re-enter but that's about it. Plus your resumé looks more US-ish.