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?
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.
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.
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.
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!
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