L-1 Visa

Recording for February 15, 2024 Conference Call with Rajiv S. Khanna

FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays

H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay

Question details

Many have asked this question before, but since rules and situations are always different, so here I go - I'm on H1B with an approved I-140.

A layoff recently impacted me - my last day on payroll is 10th Feb 2024. I will also receive a severance (lumpsum) within 75 days of Feb 10th. My questions are -

1) Given the market, it may take more than April 10th to finalize an offer and start the H1B transfer. What are the options ( if any ) to extend my stay beyond April 10th?

2) Many suggest applying for B1/B2 (I'm single, have no spouse to move to H4, etc), but I also hear if it's rejected then the time of my stay after April 10th will be an illegal presence, is that true?

3) Say I receive the severance lump sum on March 15th -- are the days from Feb 10th until March 15th counted on company payroll?

 

Video URL
FAQ Transcript

The grace period after a layoff begins after the last pay period ends, lasting either 60 days or the remaining time on the I-94, whichever is less. Options for extending stay legally include derivative visas (F-1, H-1, L-1), practical training, or applying for a tourist visa (B-1/B-2), with guidance for applying for a B-1/B-2 visa.

Regarding visa rejection misconceptions, rejecting a change of status application to B-1/B-2 within the 60-day grace period does not result in an illegal presence. However, applying after this period without legal counsel may lead to unlawful presence. As for lump sum severance pay, uncertainty exists regarding its classification as regular salary for visa purposes. It's recommended to base the 60-day grace period from the date of stopping work for legal safety.

 

Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship

Question details

I am exploring my options to file a new H1B and would be great if you could provide any suggestions or insights on my current situation.

My details are -

1) I have my I140 approved in 2013 with an Employer (XXX IT Services Inc) and had multiple successful H1B extensions until 2017.

2) My latest.H1B had an I-94 expiry date of May 30, 2017. The extension was timely filed on May 16, 2017.

3) The work location changed in October 2017 and an Amendment was filed when my above H1B extension petition was still pending.

4) Amendment Petition was upgraded to premium service in December 2017.

5) I continued to work for it until September 2019 as no decision was made by USCIS on my amended petition.

6) I exited the USA in October 2019 to join my wife and kids who were stuck in India for all these years.

7) In the middle of the year 2020, administrative processing was lifted on my petition and an RFE was issued. However, as I was already out of the USA, no response was given.

At this point, I came to know that my Employer (XXX IT Services Inc) got into a visa fraud and money laundering case and served a jail sentence as well by 2020. Employees weren't made aware of it at all. Probably that's the reason for not hearing this long.

My questions are-

(A) Will USCIS consider my stay between May 2017 and October 2019 as unauthorized, will there be a 10-year bar on me?

(B) Can I apply for a waiver of inadmissibility on the grounds of an administrative processing hold on my last petition and I left before the decision was taken?

(C) Will my employer's visa fraud case impact my H1B approval in the future?

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FAQ Transcript

Visa fraud by an employer typically doesn't affect individuals if they aren't involved. As long as you were not complicit, your stay shouldn't be considered unauthorized, and there's no 10-year bar. Future H-1B approvals might have delays, but if you weren't implicated, there should be minimal impact on your immigration status.

Recording for January 18, 2024 Conference Call with Rajiv S. Khanna

Discussion Topics:

FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

Recording for August 24, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: - Green card processing, F-1 visa, and H-1B transition: Travel and work considerations - Difference between H-1B consular processing and change of status

Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing

Question details

Can an Indian employee start working for a US startup as a manager remotely from India while his L1 is filed a few months later? Will the L1 processing will be earlier for the startup as the employee has been performing the duties and also being paid the required wages (employers ability to pay)

 

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FAQ Transcript

The answer is yes. L-1 does not necessitate a demonstration of the ability to pay, as there is no such requirement for L-1 visas. There are two key points to consider: Firstly, the work must be carried out through a local organization. While there is some ambiguity in this area, you must collaborate with a sister company. Therefore, if the startup has an affiliate or sister company in India and you are beginning work with them, it is completely permissible. However, it's crucial to remember that you cannot qualify for an L-1 unless you have worked outside the United States for a branch or an affiliated entity of this company for a minimum of one year.

 

Recording for August 10, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Agency

Immigration Law

FAQs: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140 || Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing