Legal Question in Immigration Law in Georgia

Lost job while on a L1A do we have to move back to Canada?

I was moved down 2 years ago with my company from Canada on a L1A visa. There I was the GM of the Canadian operations, down here I was in charge of Sales for Canada and the US. However, due to down sizing they have eliminated the position in Dec. What are my options if I want to keep living and working here in the US? If I find another company to hire me and apply for a visa would it be a H1B and how hard is it to get, my education back ground is a MSc in nutrition. Under NAFTA is there any options for me if I wanted to start my own business? THanks for your time and consideration


Asked on 1/02/02, 10:10 pm

1 Answer from Attorneys
Richard Alvoid Richard Alvoid, PA

Re: Lost job while on a L1A do we have to move back to Canada?

You might have an unlawful presence problem if you are still in the US, which would hinder your request for a change of status even if you find a job offer in your field of expertise. Under NAFTA, Canadian citizens qualify for certain professional jobs if they have a sponsor, which exempts them from the H1-B process. First and foremost, though, you need a sponsor and should address the unlawful presence to determine whether you should leave the US immediately. As for starting your own business, there are investor visas available if your investment is substantial (read more than $100,000 at risk). However, only an experienced immigration attorney could guide you through this complicated process. Best ofluck!

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Answered on 1/03/02, 5:49 pm


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