L1-B 4 tier question (resignation/abscence/rehire/recapture)

[yakuza]

Dear madam/sir,

My question revolves around the L1-B Visa. This was issued to me on 02FEB2004 where the petition was sponsored by the company I worked for. The L1-B Visa in my current passport is valid until 28DEC2008.

Around 01DEC2007 I left the sponsoring company and subsequently left the USA around that time. Nor the company nor their immigration attorneys (which assisted me in getting the L1-B) notified USCIS about my resignation at the company.

Now, 6 months later 01JUN2008 the company I left wants to rehire me in the exact same position as I had before. This would be as a W2 employee.

My 4 tier question:

1. Is there any specific process that would notify USCIS that I left the company around 01DEC2007?

2. If there is no specific process for 1. other then the company notifying the USCIS, is the L1-B Visa as such still valid upon being rehired by the same company, in the same position as a W2 employee?

3. Besides 1. 2. does anyone have experience with extended absence in the US? I have been out of the country for about 6 months, what questions or difficulties should I expect or prepare for when trying to enter with the L1-B Visa next month?

4. Does anyone have experience with the time recapture process on the L1-B Visa once the 5 calendar years are up? How difficult is it? What documents should I keep track off?

Thank you!
Yakuza

[Administrator]

.

When you were granted your L-1B, it was your responsibility to notify immigration of your change in status. It seems you did not.

There will also be a significant gap in your pay records, as well as your time out of country.

All of this will need explanations.

So, yes - there is a formal, specific process that would notify USCIS: both you and the sponsoring employer are supposed to notify them if there is a change in status of your employment. Not doing so is a violation of the visa conditions.

Your visa became invalid when you resigned. You are supposed to get a new one based upon the merits of your new employer now, even though it is the same one as before.

Should you return to the U.S. under your current visa, you are violating immigration laws by entering under an invalid visa.

Failure to tell USCIS about all these changes when they took place doesn't make the visa valid again.

Should you get caught, there will be serious repercussions.


Apart from that, extended absences from the U.S. can have several impacts. Some visas expire if you are out of country too long. Sometimes you need to make arrangements with immigration to tell them the when and why about your absence.

Also, when you later apply for other visas (such as Green Card), if you are outside of the U.S. for too long it can negatively impact your eligibility. Ways to get around this are to keep in contact with immigration and provide valid reasons for your absence.

the Admin