change of job on L1 visa

[kamlesh1978]

Hello Admin/all,

Below is my situation and need assistance from people

My firm in Singapore and firm in US went for joint venture and form a small firm. I came to US in this firm with L1B visa last year. L1B visa is valid for another year.
Due to internal dispute now they are closing the joint venture now. My questions are

1) What happens to employee on L1Visa if the company closes?
2) company in US wants to retain me with them. If I want to be here, what is the valid/legal approach? Can the US firm sponser/tranfer my current L1 Visa to their firm?
3) If I consider option for H1 , can I apply for change of status from L1 to H1 now at this time immediately or I need to wait till next year quota? if next year, when the procedure starts?
4)Even if I tranfer to US firm on their L1 visa, is it leagaly possible since L1 means inter company tranfer visa and the company from which I am transferred is closed now?
5) Lastly in future for any visa processing ( L1/H1 etc) , at any time, do I need any documents or papers from my firm in Singapore or the closed joint venture firm in US?

Thank you to all for their opinion

Kamal

[txh1b]

1. No choice but to return to home country unless has a H1b approved in the past.

2. No. L1 regulations are strict. Read more on immihelp about L1 requirements.

3. You have to return to home country and then have your prospective employer apply for a H1b next year in Apr. There is No COS if you lose L1 status.

4. Out of question as transfers are not possible.

5. Just to prove your experience, a letter detailing everything about what you worked on will be helpful during green card and H1b stampings.

[kamlesh1978]

Change of Job on L1 visa

Hello,

Thank you for the quick response. I went through the FAQ and point 2 is

can a person with L1 visa trasfer/change jobs
yes. the USCIS must be notified of any change in one's employment status

Is it true with some criteria behind it? if so, what is the same?

Regards
kamal

1. No choice but to return to home country unless has a H1b approved in the past.

2. No. L1 regulations are strict. Read more on immihelp about L1 requirements.


3. You have to return to home country and then have your prospective employer apply for a H1b next year in Apr. There is No COS if you lose L1 status.

4. Out of question as transfers are not possible.

5. Just to prove your experience, a letter detailing everything about what you worked on will be helpful during green card and H1b stampings.

[txh1b]

You can change clients working for the same employer if it was not a blanket petition. You cannot change employers unless you have a H1b.

[kamlesh1978]

Change of job on L1 visa

Hello,

Ok. I will explain little bit about the situation and you can tell me if below scenario holds good for me

My situation:

Singapore firm (lets say A) and US firm ( B) formed a joint venture called "C" located in US.I am working in "C" for last 10 motnhs
In C both A and B has 50 % share etc ( and all other legal things ). Now "A" wants to discontinue from "C" and wants me back and I want to work with "B'.
In this case , can I transfer my "L1B" to US firm "B" ( which infect is one the parent of "C"). Also it is not a blanket petition. It is a small firm and hence individual case

You can change clients working for the same employer if it was not a blanket petition. You cannot change employers unless you have a H1b.

Thank you

Regards,
Kamal

[txh1b]

The answer is NO.

[kamlesh1978]

change of job on L1 visa

Hello,

This is sad for me !! but thanks for letting me know the truth

The answer is NO.

Regards,
kamal

[kamlesh1978]

change of job on L1 visa

Hello Again,

Few update on the same.

Singapore firm (lets say A) and US firm ( B) formed a joint venture called "C" located in US.I am working in "C" for last 10 motnhs
In C both A and B has 50 % share etc ( and all other legal things ).
Now "A" wants to discontinue from "C" and wants me back and I want to work with "B'
==Update==
"B" wants to still keep "C" and do not want to close "C". He can buy all of the shares of "A" or may form another join venture with other firm. So "C' will not be closed for which I have L1B visa. So will there be any problem for me to continue right now on same Visa under "C"? Can "B" apply for H1B visa right now for me? If Istay like the situation above , will it be considered illegal? Is there any option for "B" to retain me?

Regards
Kamal

[txh1b]

It is complicated enough that warrants an attorney involvement.

Here is my take on your situation. You are employed by the foreign firm A which has an office in the US. You can stay in the US if the company A is buying the 50% share of C and holding the company in the US. If not, there is no way for you to qualify.

Another option might be if B buys A in US and overseas, it might be possible. An attorney involved in corporate takeover and immigration law is the best one to discuss this with as the forum has limited knowledge.

[kamlesh1978]

Hello,

Thanks again and yes, attorney involvement is definitely required and they are working on the same

According to US firm ("B") , joint venture "C" can not be closed immediately if "A" wants to just backof. There are many legal aspects. "A" has to either sell his share of "C" to "B" so "C" is now completely own by "B". or "A" has to sell his share to some other third company in market.

The thing is , can I continue working on L1visa which is under "C" , if it is completely own by "B"? or can they apply for other type of visa right now for me?

I hope, I am not sounding complicated

Kamal

It is complicated enough that warrants an attorney involvement.

Here is my take on your situation. You are employed by the foreign firm A which has an office in the US. You can stay in the US if the company A is buying the 50% share of C and holding the company in the US. If not, there is no way for you to qualify.

Another option might be if B buys A in US and overseas, it might be possible. An attorney involved in corporate takeover and immigration law is the best one to discuss this with as the forum has limited knowledge.

[txh1b]

I see no options for you. L1 requirements are pretty much etched on stone. May be others have some suggestions.

[txh1b]

I found a memo that has more details and clarification. Posting for future reference.

https://www.uscis.gov/files/pressrelease/LVisaReform072805.pdf

[kamlesh1978]

change of job on L1 visa

Hello,
Thank you for this document. I went through 1st criteria, but sound complex and I am unable to follow exactly. Can you please explain in simplified form based on your understanding and how it impacts my case?

Thank you again

Kamlesh