Laid off on L1-B

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LiseNew Member
Topic author
Posts: 7
Joined: 9 May 2010
Location: San Jose, CA

Laid off on L1-B

Post Mon Mar 28, 2011 11:47 am

I recently got laid off from a position in the US on my L1-B (intercompany transfer visa). I am frustrated with the advice I've been getting from immigration lawyers and just want a straight answer. Two immigration lawyers in Canada have told me that even though I've been laid off, I can stay in the US on my current L1-B visa (until I get a new job and then I go through the visa process again). The two immigration lawyers in the US, have told me I have to get out of the US in 10 days or face being out of status and if I stay past 3 mos (barred entry for 3 years) past 6 mos (barred entry for 10 years). I am spending what money I have left on lawyer fees.

I live here now, have a house, dog, no where to live in Canada, moving back is not an option.

Can I -
1) Get a BI tourist visa and stay while looking for a new job
2) If I get lucky and get a new job quickly can I transfer status to a different visa
3) Can I do all of this work from the US via a US immigration lawyer?

Any help is appreciated, and any suggestions of a good immigration lawyer in the greater SF Bay area would be appreciated.
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Laid off on L1-B

Post Tue Mar 29, 2011 6:51 am

I would not listen to Cdn lawyers on US immig matters.

You should immediately apply for B2 status using I-539, asking for 6 months. This should be done on or before last day of work. You are out of status the instant you stop working (that is whey you need to file I-539 while still working). You should be at the same time BOTH (a) preparing to leave and (b) finding a new job. Your success in (b) will determine (a), but assume you are going to move.

There is no "transfer" of statuses. You will need to apply for a TN or H1, and go through the approval process, with your sponsor using I-129.

Do NOT leave US once you stop work, or you will not be let back in until and unless you firmly establish a foreign residence in Canada, or get a new job.
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MC

Re: Laid off on L1-B

Post Wed Mar 30, 2011 5:13 pm

You need to change your status to B-2 pronto (via I-539) or depart the U.S. as soon as your employment is up. Some time would be granted to wind down your affairs and depart but do not exceed 10 days as a general rule of thumb.

Sounds like the Canadian legal advice is not up to par. Even your U.S. counsel is technically incorrect if that is what they relayed onto you. A 3-year bar would apply after 180 days or longer of overstay, not three months. An overstay in excess of one year would result in a 10-year bar.
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Laid off on L1-B

Post Thu Mar 31, 2011 6:25 am

Just to clarify, overstay that would lead to bar only occurs with days counted once the I-94 has expired.

But, geenrally, Lisa is wating her money on legal fees, and should be investing in moving or finding work.
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