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Can I still work for my employer if my L1A visa extension is denied?

New Albany, OH |

My company filed a Blanket L1 petition for me in 2010. I got 3 years of stay in a L1A. They have file for a renewal 2 weeks ago, premium processing, but we haven't received a response yet. I'm very worried since I'm reading that most extensions are being denied lately. In the meantime, my I-94 and visa expire 06/08 (a little less than a month). My questions are:
- If we receive a response this week and the extension is denied, can my company file a new petition under a different visa category (L1B or H1B)?
- If I need to leave the US, can I still work for my employer and maintain my current position working from my home country? I have a B1/B2 visa too valid for 10 years (until 2018), can I travel under that visa if no alternatives are possible and my L1 is already expired?

Thank you!

Attorney Answers 3

Posted

Provided you are still in a valid nonimmigrant status when the extension is denied, yes, but not to H1B since as a general matter, that opportunity has gone for this year already unless your employer is CAP except.
Your working in your home country has nothing to do with US immigration law. I assume you are allowed to work in your country. If you are not, then it is not really "your" country and my answer is then - no.
No, you cannot travel on B1-B2 visas to work for the employer. those visas do not carry permission to work.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Calvin T. Sun

Calvin T. Sun

Posted

I agree

Posted

You may work for your employer outside United States. You may also apply for L1b as long as you are in status when you apply. The H1B is no longer available this fiscal year

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Calvin T. Sun

Calvin T. Sun

Posted

I agree

Posted

If you work outside U.S., the idea of immigration status doesn't exist for you.

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Asker

Posted

I understand that, but I like working for my employer, so I'm evaluating my options to continue to work for my company if I have to go back. But thank you, all this feedback has helped me understand a lot more.

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