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Changing status from L1 to Tourist within the US

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  • Changing status from L1 to Tourist within the US

    If there is a person that has both type of visas valid: L1 and Tourist, currently working within the US (via L1), and their employer fires that person (or the person decides to quit): is it possible to update the status to Tourist without needing to leave the country?
    This question is related to the whole COVID19 situation, as many countries could have their borders closed, so the person might not be able to return to their home country just yet.

    Thanks

  • #2
    if you have valid I 94 , you can stay....

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    • #3
      Originally posted by csantos View Post
      If there is a person that has both type of visas valid: L1 and Tourist, currently working within the US (via L1), and their employer fires that person (or the person decides to quit): is it possible to update the status to Tourist without needing to leave the country?
      This question is related to the whole COVID19 situation, as many countries could have their borders closed, so the person might not be able to return to their home country just yet.

      Thanks
      You can certainly file for your COS to B2 (provided you still have valid I94) & continue to stay in USA until you get response for that COS with your new I94.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

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      • #4
        Originally posted by ijalab View Post
        if you have valid I 94 , you can stay....
        Not true. The OP will be out of status 60 days after being fired, and will be deportable even if their I-94 is valid.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by csantos View Post
          If there is a person that has both type of visas valid: L1 and Tourist, currently working within the US (via L1), and their employer fires that person (or the person decides to quit): is it possible to update the status to Tourist without needing to leave the country?
          This question is related to the whole COVID19 situation, as many countries could have their borders closed, so the person might not be able to return to their home country just yet.

          Thanks
          Yes, you can apply for Change of Status to B2 visitor status before your current status expires (which is 60 days after you get fired or quit), by filing I-539 and paying the $455 fee. You can stay in the US while the I-539 is pending. Your B2 visa is irrelevant; US visas are only for entry, and you are not entering the US.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            The L1 I-94 is only valid till you are on L1 & must be working.
            Since you lost your job, you should file for I-539 (COS to B2).
            Opinion only. Cannot be construed as legal advice.

            Comment

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