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UK Sponsored L1A Visa in the USA, role change an unwilling to move.

Washington, DC |

I have been sponsored by my company on an L1A visa from the uk to the usa, i have been here for 6 months and my family have settled. My company now want me to re locate agin within the USA which I cannot do, am I protected at all with my sponsored visa i.e. if I do not accept do my company have to find a suitable position back in the uk for me or can they just terminate my employment?

Attorney Answers 5

Posted

You must stay with your company to remain in L-1A status. If you change employers, you must be sponsored for another visa type. If you are eligible for H-1B professional status, your new employer had better apply quickly since H-1B numbers are running out.

Please see

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Asker

Posted

Unfortunately this does not answer my question, I really would like to know if my existing company who I have been with 12 years as a Director have any obligations to me if I do not want to move again after only 6 months?

Posted

I agree with my colleague and note that it appears you are the convergence of two fields; employment and immigration. You must properly maintain your employment to stay in L-1 status, now if you feel that your company will wrongfully terminate you or fails to keep up their end of a bargain, it may be wise to speak with an employment attorney. The reality of the situation though is you are in a status that places you at the whim of the employer. It may sound stark, but if you feel yourself locked in to some form of indentured servitude, there is no reason that you must bend yourself to their will. But if you do not, you will find yourself out of status. This is the essence of a catch-22.

The statement above is only for general knowledge purposes and at no time intended to be a legal opinion. The individual posting the question and those reading should always obtain the advice of a qualified attorney. No attorney/client relationship is established.

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Asker

Posted

Thanks, given that I do want to stay here and are by all accounts doing a great job if I do not want to move must my sponsored employee move me back to the uk to another position?

Richard Andrew Constantino Alton

Richard Andrew Constantino Alton

Posted

I would agree with Attorney Ferrari, the answer to this part of your question lies with your employer, UK law and any employment contract you may have, essentially it outside the realm of a general immigration question.

Posted

sorry sir, but you are a slave to the visa and the company. unless you have an employment contract that is enforceable you are all out of luck. massa controls your destiny. step outside the box and do what is right for you.

The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez or Yong Wood highly skilled and experienced.

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Posted

In order to remain in L-1 status, you must continue your employment with the company that petitioned you. Whether the company would have to find a suitable position for you back in the UK would depend on UK law, contract law, etc, and is not an immigration question.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

This is a tough one for you as a family. However, from an immigration view point, you need to stay in "status" while you are here. This requires you to maintain you L1 A status with this employer or find another way to legally remain in Status.

What your employer can or cannot do for you is driven by your specific employment agreement with them.

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