L-1 Visa

Resigning Under L-1 Visa

1. I am currently on an L-1 visa but I am thinking of resigning my job. I have an Australian passport, so if I do so could I just change my status to the Visa Waiver Program or would I need to physically exit and re-enter the country? 2. If I subsequently wish to stay longer than 90 days under the visa waiver program, am I able to simply exit and re-enter the country to restart the 90 day period?

1. You will have to exit and reenter OR apply for a change of status to 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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L-1 to GC

I am on L-1 visa until 2015, according to my employer's attorney the I-140 form was already approved, now my employer does not want to continue with the I-485 form process (because they don't want to pay attorney's fees) and will not release any information related to my case, do I have any chance to continue with the GC process by myself? Or will I be facing deportation at the L-1 visa expiration date?

There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Fresh H-1B After 6 Years

I possess a US Master's Degree in Computer Science and also worked in the US for 7 yrs, 6 of them on H-1 which expired on May 31, 2012. I have since been in India and will complete 12 months of physical presence outside the US in early June 2013. I do have an employer ready to petition on my behalf on April 1st but could you please help shed some light on: 1. Given my past H-1 stay in US, am I subject to either cap of 65,000 or 20,000? If neither, can petition be filed anytime of year after 4/1? Since 12 mos. of physical stay in India will complete in June, can petition be filed on April 1st? 2. Does 12 month rule of physical stay outside the US apply if my current employer were to petition an L-1?

1. You will be subject to quota and USCIS will not accept the filing until one year is over.

2. Being outside for one year does give a fresh start on the L-1 times as well. And, L-1 are not subject to quota.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Blanket L visas and I-129S

With the new guidance for L visas to be issued for the maximum reciprocity period, Blanket L visas have been issued for five years when an I-129S is certified for less time. How will beneficiaries be able to get a new I-129S approved by a consular officer if a visa application will not be required?

Upon expiration of the initial validity of the approved I-129S, a beneficiary may apply for an extension of his or her status with USCIS. If approved, the alien can continue to utilize his and her still valid visas for travel to the U.S. The approved extension of status application, not the initial I-129S, is proof to CBP of his or her eligibility for admission.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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USCIS Requests Comments on Draft RFE Template for I-129 L-1 Intracompany Transferees

USCIS comment request on a draft Request for Evidence (RFE) template on Form I-129 L-1 Intracompany Transferees’ qualifying relationship of ownership and control, and evidence of doing business.

Please check the attachment to see the USCIS draft.

Nonimmigrant Visas: 
Agency: 
Immigration Law : 

Have valid L-1 Visa, but I-94 expires

I have valid visa till 2013. Last year when I came to US, my passport was about to expire in Dec'2011 and hence I got my I-94 till Dec'2011. Now I have renewed my passport. At the time of entry, the officials said I can apply for extension once I renew my passport. I saw your previous comments "legality of stay in USA is governed by your I-94, not the visa." So my question is how to do L-1 extension?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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British citizen on L-1 visa

I am a British citizen on L1 visa. My boyfriend is a US citizen and we intend to marry. If we seek the fiancé visa, will I have to go back to the UK for any time? And if I intend to relocate within the US to collocate with him (and therefore will need to find a new employer) what kind of working visa could I obtain?

You can just get married and apply for a green card directly while you are still in USA. You can continue working on L-1. In 90 days or so, you should also receive your EAD, if you apply.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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