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Laid Off While On L1b Visa - Options?

Discussion in 'Nonimmigrant Visa Validity' started by etphonehome, Jun 16, 2016.

  1. etphonehome

    etphonehome New Member

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    Hi,

    I've been laid off whilst in the US on an L1B visa. It has been 30 days since this occurred, and my I-94 & visa stamp are still valid for a further 5 months.

    1. From what I gather I am currently not accruing unlawful presence, but I am in unlawful status (status violation). Is this a correct assessment? What are the consequences of being in unlawful status?

    2. Would now be a suitable time to leave the US by land for a few days, then re-enter the US by land, returning on VWP? How likely is it I will be granted entry?

    3. Can I leave by air and return on a B2 visa, in order to later file a COS to a H1B (pending sponsorship from a university)?

    Thanks in advance for your responses.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You are correct that you are in unlawful status and not unlawful presence. The consequence of this is that you may not file a change or extension of status application unless and until you depart the U.S. and return in lawful status. If you do depart, you may return using a visa or the VWP.
     
  3. etphonehome

    etphonehome New Member

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    Thank you Ron for your quick response.

    Is staying in the country any longer in unlawful status (for example, up to 60 or 90 days) likely to have any adverse affects on coming back on VWP or B2 and subsequently changing status?

    I am likely to be sponsored for H1B in time for the fall semester to give you an idea of time lines.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes it can have adverse consequences. Today, the government knows when you arrived and when you left. A prior overstay can cast doubt on your good faith nonimmigrant intent. If you have an overstay situation, be prepared to explain why it happened.
     
  5. etphonehome

    etphonehome New Member

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    In the eyes of CBP what are acceptable and unacceptable answers to that question?
    Would 'sorting out my affairs' be an appropriate answer or would they expect me to be more specific?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Just tell them the truth, whatever it is.
     
  7. etphonehome

    etphonehome New Member

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    Great - the truth is that. Thanks!
     

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