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Employment terminated on L-1A visa

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  • Employment terminated on L-1A visa

    I am writing to seek urgent immigration advice following my recent termination.

    Background:
    I am a UK citizen and was a permanent resident in Australia before relocating to the US on an L-1A visa in June 2022, sponsored by my employer for a 5-year period.

    Termination Details:
    I was terminated on October 24, 2023, and my employer indicated in the termination documentation that they would inform USCIS of the withdrawal of visa sponsorship.

    Concerns:
    Recognising the 60-day grace period to change my non-immigrant status, leaving the country permanently within this timeframe is impractical primarily due to importing my dog from Australia. Additionally, my future plans regarding employment in the US are uncertain.

    Request for Advice:
    Given the time constraints, I am eager to explore available options. Is there a way to extend my stay without departing the country? Would a short-term departure with a subsequent return on an ESTA be a viable solution?​ what other options do I have?

  • #2
    You can either leave the US and re-enter on the Visa Waiver Program, with an ESTA, or you can file I-539 (paying the $370 fee) for Change of Status to B2 visitor status without leaving the US. Of course with leaving and re-entering there is the risk that they won't let you in.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Thanks! If I applied for the B2 visitor visa would I be eligible for the interview waiver. I can see processing times in the US for the visa are crazy. 300+ days for interview. Reduced to 90 for interview waiver. I’ve read I can’t travel whilst my visa is being decided or the application is abandoned. So I’m worried that will mean not being able to leave the country try for the next year.
      If I re enter the country on an ESTA and subsequently find employment and want to poly for another employment visa type, I’ve also read I couldn’t do this in the country on an ESTA and would have to leave to apply. Is my understanding correct?

      Comment


      • #4
        Originally posted by K8W View Post
        Thanks! If I applied for the B2 visitor visa would I be eligible for the interview waiver. I can see processing times in the US for the visa are crazy. 300+ days for interview. Reduced to 90 for interview waiver. I’ve read I can’t travel whilst my visa is being decided or the application is abandoned. So I’m worried that will mean not being able to leave the country try for the next year.
        If I re enter the country on an ESTA and subsequently find employment and want to poly for another employment visa type, I’ve also read I couldn’t do this in the country on an ESTA and would have to leave to apply. Is my understanding correct?
        This doesn't make sense. Why would you get a B2 visa if you can enter on the Visa Waiver Program. Are you using the word "visa" wrong? A "visa" is a one-page sticker that goes on your passport with the word "VISA" on it, which can only be issued at a US consulate abroad. A US visa is only for entry to the US, but it makes no sense to get a B2 visa since you can already enter on the Visa Waiver Program with your ESTA (unless you plan to enter and stay for more than 90 days).

        Are you incorrectly using the word "visa" to refer to your "status" inside the US? A Change of Status has nothing to with entry -- the whole point of Change of Status is that you don't leave the US. You can leave the US while a Change of Status is pending; it is automatically abandoned because it is moot -- whether it is approved or denied would make no difference -- a future entry would need to be based on a valid visa or ESTA anyway, and is not dependent on what status you had on your last stay or whether you extended or changed it.

        You cannot do Change of Status from Visa Waiver Program visitor status.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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