QUESTION

Is my L1 Visa already out of status? Is my employer breaking the law?

Asked on Jan 05th, 2018 on Immigration - Washington
More details to this question:
I'm working for a US holding company under L1 Visa. More than 6 months ago, another company purchased my subsidiary (both US & oversea offices). I requested the new company to change my Visa to be under their sponsorship but they have been working on it for more than 6 months now and I still don't know when the documents will be filed as every time I ask, I always get the same answer that they are gathering supported documents. So my concerns are: - Is my L1 Visa already out of status? - Is my current employer breaking the law by not making the transfer on time and still ask me to work for them? - If my Visa is already out of status, what are my options? Regards.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
In your situation as I am given to understand, another company purchased the subsidiary of the holding company without making the holding company part of its company, and so the holding company is disconnected from the actual operating US and overseas offices. It seems a troubling situation, and it appears that the best option would have been for the purchasing company to make an L-1 amendment to put you in the US office or for the purchasing company to acquire the holding company. You may already be out of status, and perhaps the best option is for the purchasing company to make a late petition with explanation to change you to the subsidiary and hope that U.S.C.I.S. accepts the explanation. If not, you would have to leave the U.S. to consular process the L-1 assuming that the petition is approved. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    
Answered on Jan 21st, 2018 at 5:20 PM

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