Skip to main content

Valid i-94, can I stay legally for one or two months after resigning to current L1B employer?

Cleveland, OH |

I am on L1B visa and my visa expires in May 2013. My I-94 expires in 2015. My employer applied for L1 extension. I am applying H1B with COS in premium with other employer. If my H1B is approved, I can start from October. But in case, L1 extension is denied by August or September, my employer will ask me to go back to home country. Can I resign to current employer as I have valid I-94 and stay back till October 1st so that I can start on my H1B. Please advise, is it legal to stay with valid I-94 after resigning to current employer for one or two months?

Attorney Answers 4

Posted

Your I-94 is not your legal status in the US. It is the document that allows you to enter the US so long as you have a valid visa (be it an L1 or H1). once your status expires, you are no longer in legal status.

If your L1 renewal is submitted to the USCIS, you are permitted to stay (but cannot continue to work after your current L1 expires) until you hear back from the USCIS. Once your petition is approved, you can resume working under your L1. If your application is denied, then you must leave the US.

If you are looking to adjust status to H1, you can do so, but as soon as it is approved, you must begin work for the company that petitioned your H1 visa.

If you are looking to apply for H1 status (without adjustment of status application I-485) until your current L1 expires, then once your current status expires, you can file the H1, leave the US and once the H1 petition gets approved, you can obtain a new travel visa from your home country's consulate and travel back to the US under H1 status.

Of course all this depends on whether or not the applications are approved and the timing of employment.

As you can see it is a rather complex process. Given your short description of your situation I am sure that a meeting with an immigration attorney to help determine the best route (and the possibility of any additional available options) would be very helpful to you!

Best of luck!!

This is not legal advice & no attorney-client relationship is created or implied by this communication. To contact this attorney for a free consultation see her profile or contact (585) 247-9170.

Mark as helpful

2 lawyers agree

Posted

The I-94 is a document that is issued to you by DHS as evidence of your meeting the requirements of the immigration status for which you have applied. in the situation you describe you were given the form I 94 as evidence that you are employed in the United States. In L status. The I 94, has a time restriction on it. The I 94 is also granted with the underlying basis that you are employed. Once you stopped working in the L classification, your status is no longer valid.

www.brown-immigration.com

Mark as helpful

2 lawyers agree

Posted

No. Your status ends with the job.

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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

2 lawyers agree

Posted

You would be worse of with what you propose to do by resigning. seek paid legal advice if it is important to you. Best Wishes!
Lalita Haran
13295 Illinois St., Ste. 128
Carmel, IN 46032
Ph: (317) 660-6174
www.haranlaw.com

Contact (317) 660-6174 for specific legal advice tailored to your situation. Answers given on this website are of general nature and are not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

Mark as helpful

1 lawyer agrees

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics