Hi this week I've been told by my company that I will be laid off, I have an L1A visa, my wife has a L2 visa with an EAD, i have an offer from a canadian company to move to canada but first I want my kids to finish school in the us, so I have the following questons:
A) according to the law how long do i have to leave the country
B) what happen if my wife keep working using her EAD for two more months
C) the plan with the canadian company is to apply for the nafta visa, so I can stay in the us for two months.
D) I read that my current company is obligated to pay my ticket back to mexico, where is that on the law?
E) my wife and son are making a trip out of the country and coming back 7 days after my last day with the company, will they have issues coming back to the US?
F) when apply for the nafta visa, do i have to take my family with me? Will the nafta visa void my current L1A?
Thanks
tuart Jonas ReichImmigration AttorneyNew York, NY ·
I'm sorry to hear you find yourself in this situation - losing a job is never an easy thing, even in a layoff situation where it clearly isn't your fault.
You should definitely speak with an immigration lawyer about the specifics of your own situation - your background (education/experience/overall resume) might suggest better options for you and your family. I'll answer what I can here.
A) Technically, as soon as the L-1 job no longer exists, you are no longer in valid status. There is formally no grace period, though generally speaking USCIS will normally accept a pay statement dated within 30 days of a new filing as evidence of maintenance of status for change/amendment of status purposes.
B) She, too is without valid status here. There may be consequences to her as well as to her employer - this should be discussed with an attorney.
C) In theory, if they job for which they are hiring you is on the TN list of acceptable occupations and you have any required degree or experience for that job as defined on this list, this would be one idea and would allow your family to be here with you as derivative visa holders (no opportunity for your wife to work though, unless she qualifies independently for her own TN or some other visa status permitting employment).
D) While there is a requirement that H-1B employers who terminate an H-1B employee offer to pay for one-way travel home for the H-1B principal, I know of no such requirement in the law for L-1 employees unless separately agreed to in an employment contract or the terms of your agreement to transfer here)
E) Trying to reenter using the L-2s when you are no longer employed with the company might be considered fraud - this is NOT a smart idea! They should not use these L-2s to reenter. Even if permitted back in, there could be major problems later.
F) If leaving to apply at a port of entry or pre-flight inspection, and assuming that the TN is the best option, yes - so they can get derivative status. But an immigration attorney should analyze this to see if it might be possible to change status here (and if the TN is the best option to begin with).
Good luck!
