Can i visit US after a payroll transfer to Canada?

[aryan666]

Hello Experts - I have 2 silly questions (just wanted confirmation, better than assuming myself haha)

My L1B Visa expires on Feb 2022 but i am moving to Canada on a payroll transfer within the same company on a PR in June 2021.

1) Can i re-enter USA after i have moved to Canada on the same visa just for a visit (not on a company trip etc)? I think once payroll transfer occurs L1B visa is invalidated but please confirm once.

2) My wife's L2 EAD is valid till September 2021. Can she still be an employee of her company till September even after we move to canada in June. Think this will get answered with the first question but wanted to know your thoughts. Thanks!

[Mertc]

Hi Aryan,

This is a little complex and definitely an attorney's input would be better. But I think the only way for your L1 to remain valid would be if you'd still be employed by the US company and if the transfer was temporary like training or something. If by payroll transfer you mean now your employer is a Canadian company, your L1 status ceases once the US company is no longer your employer. Hence, your wife's L2 also ceases.

[Libra_14]

1) Can i re-enter USA after i have moved to Canada on the same visa just for a visit (not on a company trip etc)? I think once payroll transfer occurs L1B visa is invalidated but please confirm once.

Once you leave payroll of your USA company, than can no longer use that visa.

However you can use that visa if you say that you are moving back to USA & will be in USA payroll for the duration of your stay.

2) My wife's L2 EAD is valid till September 2021. Can she still be an employee of her company till September even after we move to canada in June. Think this will get answered with the first question but wanted to know your thoughts.

The moment primary looses L1 status, spouse also loose the L2 status. So she cannot work on L2, if you are not on USA company's payroll.

[Typsish]

To be honest, it is better to ask a lawyer such questions, as there are many details that only an experienced person knows. But in general, I agree that this can be done if you will still work in an American company and if the transfer will be temporary, such as a country visit or study. My guess is that services like the UK payroll website will be able to give you more detailed answers, such as how long you can visit Canada, when you need to go back to America, and what are the requirements for all of this. Well, just as on salary issues, this company will also explain everything to you.