Guestbook Entry for Anon, United States
Name
Anon
Country
United States
State
NJ
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L-1 Layoffs
Question details
If someone is on L-1 and got laid off, what are the alternatives?
FAQ Transcript
Pretty much the same as H-1. 60 days grace period and if you still cannot find a job, leave the country or convert to student status if you want to go to school or B-1/B-2 if you want to just wait it out and look for jobs.
Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia
Question details
Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?
FAQ Transcript
Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.
It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.
Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.
Risks and factors involved when H-1B transfer approved and not joining the new employer
Question details
Question 1: If H-1B transfer is approved but not joining the new employer, then what all is required to be done to avoid any problems? - Is it required to withdraw all approved H-1B transfer petitions in that case? What is the validity of H-1B transfer approval?
Question 2: I am currently working for Company “A” on an L1A visa which is valid until 09/12/2024. I have my i140 approved that was filed by company “A” in EB2 with May 2019 as the Priority date. I am from India. Company “B” filed my new H1B.
My new H1B petition (I 797A, notice of action) and accompanying request for a change of status got approved on Dec 21st 2022. Employer “B” shared with me the approval copy only on 29th Dec 2022. I 797A, notice of action says my new I 94 is valid from 12/21/2022 until 10/10/2025. Will my work authorization status in the US reflects as H1B only if I submit my new Form I-9 through employer B? or is it already effective from the date of H1B approval i.e., 12/21/2022?
Is there a time limit within which I have to resign from my current employer “A”? What’s the maximum number of calendar days I can continue with my current employer “A” from the date of my new H1B approval i.e., 12/21/2022?
FAQ Transcript
Answer 1. Under the immigration law, there is no risk. You have a choice to work with the new employer and also continue working with the old employer.
Just because a second H-1B is approved, it does not mean your old H-1B is revoked, canceled or overruled. They both continue to be in force, but you have to choose one or the other.
Answer 2. Technically, you have violated your status. You should go get your H-1B visa stamping and come back. That is all you have to do.
As for the time limit you are already working without status. Your L-1 is over when you get a change of status. So the earlier you resign the better you are.
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