L1 Visa out of status - Can a greencard be applied for?

[karankhiani]

Hi Everyone,

My brother in law came into this country about 40 days ago based on L1 visa with his company. The visa expires in 2014 but he just found out he will get terminated from his company on this coming Friday. Now he is considering to apply for a Greencard based on the fact that his wife(my sister) is already a US Citizen. Is it possible for him to do this considering that he will be out of status after Friday? And if he choses not to return to his country immediately will he be deported?

 

[BigJoe5]

Yes, he may still adjust as the spouse of USC because he did make a lawful entry.

 

[Jackolantern]

But he should not leave the US until he has Advance Parole or the green card itself. And make sure he preserves evidence of having worked for the company in the US since entering with the L1 (to bring to the interview, and show only if asked), in case USCIS thinks it's visa fraud (which it would be if he deliberately didn't do a day of work).

Somebody in the management of that company needs to be terminated for incompetence, given that their planning is so bad that they hire somebody from abroad and then lay them off within 2 months.

 

[karankhiani]

ok thanks Bigjoe5 and Jackolantern. I will inform this to him...

 

[Triple Citizen]

It is actually worse, they terminated someone who had either worked for them overseas at some point or was gainfully employed overseas and they transfered him to the US. I feel bad for the person.

Somebody in the management of that company needs to be terminated for incompetence, given that their planning is so bad that they hire somebody from abroad and then lay them off within 2 months.

 

[Jackolantern]

At least he has a USC wife who can file for his GC, so he wouldn't have wasted the effort and expense of moving here only to be sent back so soon.

Within the next few years, that company will either be bankrupt or just a shriveling shadow of its former self, unless they replace some key management positions. You can't do workforce planning so badly and expect to have a thriving sustainable business.