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L1B to TN approved; now I want to switch back to L1B

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  • L1B to TN approved; now I want to switch back to L1B

    I was on L1B and I recently got a TN approval by a different employer. I have not started working with the new TN employer yet and I no longer want to pursue them.
    I read on other forums and pages that I can switch back to my L1B by going outside the US and re-entering the US. Is this possible? Is there any risk that I can loose both the TN and L1B during re-entry for some unknown reason?

    Do dependents also have to re-enter with me or can I apply the change of status (L2) for them in the US after my re-entry? Are there any additional documents that I need to show during re-entry?

    Also my L1B expires in 15 months. Considering the increase in L1 rejections (https://workpermit.com/news/trump-us...s-hit-20180514), is it better to stay on TN?

    Can I re-enter as L1 (i-94 will be valid) after starting to work for the TN company and taking unpaid leave(say 30 days) from the L1 company.

    Thanks!

  • #2
    Originally posted by Leynette View Post
    I was on L1B and I recently got a TN approval by a different employer. I have not started working with the new TN employer yet and I no longer want to pursue them.
    I read on other forums and pages that I can switch back to my L1B by going outside the US and re-entering the US. Is this possible? Is there any risk that I can loose both the TN and L1B during re-entry for some unknown reason?
    Yes, it is possible to switch back to L1B by re-entering into USA. The risk is always there to loose both of your visas - it depends on officer at POE & how you convince them with your purpose of entering into USA.

    Originally posted by Leynette View Post
    Do dependents also have to re-enter with me or can I apply the change of status (L2) for them in the US after my re-entry? Are there any additional documents that I need to show during re-entry?
    Dependents can stay in USA until their current I94 expiry & you can file for COS before I94 expiry for them.

    Originally posted by Leynette View Post
    Also my L1B expires in 15 months. Considering the increase in L1 rejections (https://workpermit.com/news/trump-us...s-hit-20180514), is it better to stay on TN?
    Yes, TN will be better than L1.

    Originally posted by Leynette View Post
    Can I re-enter as L1 (i-94 will be valid) after starting to work for the TN company and taking unpaid leave(say 30 days) from the L1 company.
    You cannot be employed with 2 companies at one time, hence if you switch to your TN company, you first need to resign from your L1 company.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment


    • #3
      Originally posted by Libra_14 View Post
      Yes, it is possible to switch back to L1B by re-entering into USA. The risk is always there to loose both of your visas - it depends on officer at POE & how you convince them with your purpose of entering into USA.
      Is the risk you are referring general to any re-entry or specific to the TN to L1 transfer that I am considering?

      My status has changed to TN; I am still working at the L1 company as my start date for the TN company is in few weeks. If I re-enter now, what documents would support my re-entry with L1 (Pay stub? or would this actually be another issue) would help convince the officer at POE?

      what would be the consequence of loosing both visas? applying for a new visa (TN/L1) with my current employer?

      Originally posted by Libra_14 View Post
      Dependents can stay in USA until their current I94 expiry & you can file for COS before I94 expiry for them.

      Yes, TN will be better than L1.
      Why is TN better? just in-terms of visa simplicity according to immigration visa trends?

      Originally posted by Libra_14 View Post
      You cannot be employed with 2 companies at one time, hence if you switch to your TN company, you first need to resign from your L1 company.
      I am in the process of doing either the re-entry if it appears safer (safer in a way that I will be able to gain my L1 status or at least keep my TN status) or go with TN if it does not.

      Comment


      • #4
        Originally posted by Leynette View Post
        Is the risk you are referring general to any re-entry or specific to the TN to L1 transfer that I am considering?
        Yes.

        Originally posted by Leynette View Post
        My status has changed to TN; I am still working at the L1 company as my start date for the TN company is in few weeks. If I re-enter now, what documents would support my re-entry with L1 (Pay stub? or would this actually be another issue) would help convince the officer at POE?
        Valid petition & latest Paystsubs would help.

        Originally posted by Leynette View Post
        what would be the consequence of loosing both visas? applying for a new visa (TN/L1) with my current employer?
        Yes.

        Originally posted by Leynette View Post
        Why is TN better? just in-terms of visa simplicity according to immigration visa trends?
        Yes, TN is simple as compare to L1.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

        Comment


        • #5
          Is it better to re-enter before or after I start with the new employer?

          Would showing a pay stub from the L1 company, although I have not yet started with the TN company yet, be a violation of my status? Could this become a ground for re-entry denial using the L1?

          What could be a good explanation to provide as a reason why I am still with the L1 company?
          (one of the reason why I didn't start with the TN company is because they kept pushing the start date by weeks. I was on vacation during some of this time too.)

          I only have the I-94 in my passport with L1. I have re-entered in the past with my L1 at a Canadian POE and I didn't need to show any other document. Also My current I-94 online also shows L1 status. Which form number is the "Valid Petition" you referred in earlier post (most likely the L1 company lawyers have it)?

          Comment

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