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Can I Change to Other Visa Type After Being Laid Off

Hi William,

As a L1 visa holder for 2 years, I was laid off recently. Am I out of status? Can I change to other visa type such as F1 visa?


Similar to H-1B visa holders, the L1 visa and O1 visa holders are no longer considered to be maintaining valid status as of the day the employment has been terminated.  The U.S. immigration regulations do not provide a grace period for H, L, O, and P nonimmigrants whose employment has been terminated, thus once the
nonimmigrant visa holder is no longer in a lawful nonimmigrant status, he or she usually should depart from the U.S.

Depending on each person's circumstances, the
nonimmigrant visa holder may be eligible to remain in U.S. due to a request for a change of status, such as Form I-485 application or change to other visa, that is filed while the alien is maintaining status. 

In deciding whether to approve a change or extension of status for any nonimmigrant who has fallen out of status, USCIS may exercise discretion on a case-by-case basis to grant the extension or change status, despite the failure to maintain status.

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