Found an issue on this page? Let us know and we will look into it as soon as possible.
L1 Visa Job Termination Question
Anonymous2 views2 answers
Hi - I have been employed with my current firm for many years and was brought over to US on L1-B (Blanket) visa. Now my visa expires on August 1, 2009 and I am also being terminated by my employer (no extension). Based on the current job scenario my only option seems to be going back to my home country. My questions are -
1) Do I have any grace period to stay back beyond my visa expiration date? If no, what could be the potential implications (present/future)?
2) What are my legal rights and previlages in terms of my benefits, severance, relocation, etc?
Kindly advice.
1. No, there is no grace period for L-1 holders. You are out of status as soon as the L-1 job ends, unfortunately. In reality, the US immigration service won't know if you stay here for a few extra days or weeks, however it is not an authorized stay.
2. This is not an immigration question. It depends on the employment laws in your state, and any specific terms of your employment.
It is worth mentioning that one potential consequence of you remaining beyond your visa expiration for an extended period of time relates to bars to your re-entry. If you overstay more than 180 days but less than1 year (assuming no proceedings have been commenced) and you then leave the U.S. and attempt to re-enter at a later time, you will face a 3 year bar to your entry. If you accumulate 1 year or more of unlawful presence then you will face a 10 year bar to re-entry.
Accordingly it is advisable to discuss your options with an immigration attorney.
Regards,
Hendrik Pretorius
Immigration Attorney
