QUESTION
L1 blanket expires but I-94 valid, can I stay without working?
Asked on May 13th, 2013 on Immigration - New Jersey
More details to this question:
I have a few questions on my situation below. I'm on L1 Blanket visa. I-94 -Expires as of 09/2015L1B Visa - Expired as of 07/2013I-129S -Expired as of 07/2013I-797 Blanket Petition (Issued to my Employer) - Valid indefinitely Questions: 1. My company is planning to apply visa extension, but this is not progressing as expected due to approval process delays. My company says that with I94 person can stay but cannot work? Is it possible for me to stay in US without working? Do I need to be with my current company to stay in the country OR Is it ok to resign from the company and stay in the country if they are not willing to apply extension? Reason for asking, Another company is willing to apply different Visa for me, for that they are asking me to stay in the country till end of this year? Is it possible for me to stay until end of 2013, if any other company willing to apply different visa for me. Thanks and appreciate your help!
2 ANSWERS
IF your own company files for an extension while your I-94 is valid, you CAN continue working while the extension is pending. If you resign, you cannot work for another employer even if the I-94 is valid. You can remain in the US while the I-94 is valid and you will not be considered unlawfully present but you will be out of status and even if you find another employer, you will not be eligible for a change of status within the US but would have to go for consular processing abroad.
Answered on May 16th, 2013 at 7:43 AM
3 Awards
Once you are no longer in the employment position then, technically, the L-1 is no longer valid. However, there may be other ways to do what you want to do. For example, you may be able to change your status to that of a visitor for several months.
Answered on May 16th, 2013 at 4:39 AM