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I am a CDN citizen that is working in NYC on an L1B Visa until downsized last week. Do I have to file an i-539 being CDN?

New York, NY |

I have a valid 1-94 until January 31, 2015 and a few prospective employers I'm meeting with next week that may sponsor another VISA
Do I have to leave because I'm out of status ? or is being Canadian and having a valid I-94 allow me the privilege of staying here (without working of course).
Also what other visas can I apply for?

Attorney Answers 3


You need to change your status from L-1B to B-2 ASAP or depart the US and then re-enter as a Canadian as a visitor without a visa. You cannot remain here in L-1B status which you no longer enjoy/have and you are now out of status albeit your I-94 is stating until Jan 31, 2015 BUT you are no longer working for the L-1B US Employer. There is no grace period. Apply for a change of status to B-2 promptly to bridge your status while looking for a new employer who can sponsor you for a TN-1 Canadian or an H-1B "if" you qualify for an H-1B since you are on an L-1B and I don't know what your educational qualifications are, etc. Also, anytime you have been here in the US on the L-1B will count towards the maximum 6 years on an H-1B but on the TN-1 there is no limit.

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You need to either apply to change status to B1 or return to Canada and come back on a TN/ or as a visitor. TN may be preferable as it will be faster than a H1 and you do not have to wait till oct
Please consult with an experienced business immigration practitioner.

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If you want to change status to one of the nonimmigrant statuses covered by the form, then yes. Your VWP does not apply here. You can leave the country and come back for up to three months on your VWP, but if you find another employer, will not be able to change status.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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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