Legal Question in Immigration Law in California

this is my question.... I'm canadian citizen , i got sponsored for a L1A visa in 2006, the visa was renew last year for two years ( untill nov 2009). I got layoff 6 weeks ago and i have an offer from another company. Is the new company piking up the time left on the visa? how we should proceed?


Asked on 9/01/09, 11:51 pm

4 Answers from Attorneys

Charles Medina Law Office of Charles Medina

You are no longer in L-1 status after you were laid off by the company. If the other company is willing to sponsor you, you have options to apply for TN or H-1B visa, if you meet the requirements.

I am not sure you will be qualified for a L-1 status under the new company. We would need to review your documents first.

You may visit our website at www.medinalawgroup.net or email us at [email protected]. Thank you.

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Answered on 9/02/09, 12:00 am
Andrew Harrell W. Andrew Harrell, Attorney at Law

Please explain more fully: You've been working under an intra-company transfer visa. What is the Canadian affiliate doing for you? You may qualify for a TN, and we can do a change of status. (I'm also up in Edmonton, in case your affiliate is local.)

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Answered on 9/02/09, 12:03 am

You are not clear as to in what capacity the new company is going to sponsor you. Since you are Canadian, you may qualify for a TN visa. If the company sponsors you for an H-1B, then you are entitled to a total of 6 years in combination L and H time. You mentioned that you first got your visa in 2006, so this means that you would have roughly 3 years left in H-1B time (depending upone when you go the visa in 2006). I'd be happy to speak to you or your new company to assist you with the petition or visa. You may call 415-387-1364 or email: [email protected]

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Answered on 9/02/09, 1:49 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

No, the new company can't just pick up the extra time on the L-1 unless you worked for this new company (branch, affiliate or subsidiary) during the past three years for at least a year outside the U.S. That leaves the following other options: TN, H-1B, E-1 or E-2, possibly the green card under EB-1, 2 or 3 categories or maybe even through a family relative. Some people are even U.S. citizens without knowing it, particularly Canadians and Mexicans.

To explore all your options and decide a short consultation can be arranged by calling or writing to me: 818 609 1953 or [email protected]. You can also visit me at http://www.yardum-hunter.com for information about all immigration options that might be available. There too you'll see my firm profile, awards and testimonials.

Best regards,

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Answered on 9/02/09, 3:46 pm


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