L1A - Layoff then what?

[s_ny]

Hi everyone,

My wife, son and I are currently living in NY with non-immigrant visas (L1A for her, L1B for me, L2 for the son - linked to my L1B).

She just got laid off by her employer. Another firm might however be interested in hiring her shortly.

What would be the fastet way to get there from a visa process standpoint? She is specialized in the matter which she would be practizing on behalf of that new employer and finding anyone who does the same stuff in NY would be difficult (I am thinking to L1B and H1B visa main condition).

From what I have read, it seems that she will need to be patient and first apply for a change of status (L1-->L2), then for an EAD. Overall, a 4-month process, which we would like to avoid.

Any other idea? I've read that the H1B cap has already been reached for 2009...

Many thanks for your help

S.

[txh1b]

If you want quicker results, the person that got laid off should leave the country immediately to not accumulate any unauthorized stay.

Once back in the home country or any third country that can process, apply for a L2 dependent visa, enter on that, apply for EAD.

If you go for COS, it will be a longer process.

[s_ny]

If you want quaicker results, the person that got laid off should leave the country immediately to not accumulate any unauthorized stay.

Once back in the home country or any third country that can process, apply for a L2 dependent visa, enter on that, apply for EAD.

If you go for COS, it will be a longer process.

I should have mentioned that she is currently on notice but technically employed for another month, which leave us time to apply for a change of status (I-539) without her leaving the country.

[txh1b]

But she cannot begin work for another 6-9 months. I doubt if a new employer would be willing to wait so long, especially in this economy.

She has to get the L2 COS approved first which could take 2-6 months. Another 2-3 months for EAD to get approved after that.

[s_ny]

But she cannot begin work for another 6-9 months. I doubt if a new employer would be willing to wait so long, especially in this economy.

She has to get the L2 COS approved first which could take 2-6 months. Another 2-3 months for EAD to get approved after that.

Oh no, really? Because the USCIS website mentions that the processing time for a CoS at the Vermont office is "February 05"...

Oh no, wait, it's actually "February 05, 2008"!! Does that mean that they are only processing the CoS requests that arrived on such date??

So, her second option would be to go back to the country of origin and obtain a stamped L2. How long would be the process overall?

[txh1b]

Getting a visa for L2 has no process other than applying for it with L1 documents. That is the quick way. After return, EAD will take 2-3 months.

[s_ny]

Great, thanks to all for your answers so far. My wife's L1 is currently valid (as she is on notice until Feb 15).

Would that create any issue if she goes back to our home country say, now, and ask for her L1 to be replaced by a L2?

Also, any chance she gets stuck in the home country?

Many thanks

[txh1b]

No issues. But once she returns on L2, she cannot work for the L1 employer unless she has an approved EAD.

As far as getting stuck, it depends on many factors like name check delays, security check delays if the person gets picked by VO or randomly. Procedurally, there is no issue with this approach.

[s_ny]

No issues. But once she returns on L2, she cannot work for the L1 employer unless she has an approved EAD.

As far as getting stuck, it depends on many factors like name check delays, security check delays if the person gets picked by VO or randomly. Procedurally, there is no issue with this approach.

Thanks so much for your help. There is one last point that I wanted to check.

My wife will technically be employed until Feb 15, i.e. she will not work but will be paid by her employer for that period since being on notice.

In the scenario suggested below, she would come back to the country where my L1 visa has been issued, interview with the relevant embassy personnel and provide any necessary documents to apply for an L2, obtain the L2 then fly back to the US.

Is that fine if she does all of that e.g. around Feb 1, i.e. technically while she is still employed (but relieved to show up at the office) with her employer? Will her L1 be cancelled upon issuance of the L2? She would then technically be employed for a few days on L2 without an EAD...

Thanks!

[txh1b]

She could negotiate with the employer for a lumpsum payment. Technically, they can only pay her if she is on L1. If she is on L2 already, she has to work out something with the HR regarding the pay.

[s_ny]

That is good to know. I know I promised that it would be my last question, but I still have one for which I cannot find any good answers: what would be the penalties both on the employee and employer side for hiring an L2 who does not have an EAD yet (say, for a period of 2 months, EAD would be obtained afterwards)?

[txh1b]

Deportation for the immigrant. Loss of ability to run the company for the company that violates the law.