Active Employment for L-1 Visa?

PwC
ch4oz

Go to company page PwC

ch4oz
Nov 12, 2019 8 Comments

I'm going through a transfer process from my Canadian company to it's U.S. affiliate and was wondering if anybody knows whether I have to be actively employed with the Canadian company while petitioning for the L-1 visa or I can quit and take a break while the L-1 is being processed/petitioned for me to work in the states?

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TOP 8 Comments
  • Facebook / Eng
    hWGN66

    Go to company page Facebook Eng

    PRE
    Amazon
    hWGN66
    You don't need to be actively employed by the company.

    I am 100% sure of that as i have done that.

    Only US doesn't have an active employment requirement. UK and Canada both have that.

    The legal requirement is 1 year in the past 3 year on the day of application
    Nov 12, 2019 1
    • PwC
      ch4oz

      Go to company page PwC

      ch4oz
      OP
      This is what I was referencing too as well (the 1 year continuous employment over preceding 3 years). I was planning on submitting my resignation once I know the US employer has filed the L-1 petition. Because at that point the only responsibility I have is to maintain communication with the US company right?
      Nov 12, 2019
  • Ultimate Software / Creative
    ps1647

    Go to company page Ultimate Software Creative

    PRE
    Ogilvy & Mather
    ps1647
    I was working in Canada with a 1 year visa and before it expired I applied for the L1. When my Canadian visa expired, I had to be terminated at the company. I came back to my country, wait for the paperwork (the lawyer sent it in like a week), did the interview at the embassy and then I got rehired in the US affiliate with the L1. So I had like 3-4 weeks break in between and I was officially unemployed during that time.
    Nov 12, 2019 1
  • it should be processed in a couple of days
    was 2 days for me πŸ€”

    do these few days really matter?

    you will take your brake once you will be moving to US
    Nov 12, 2019 1
    • PwC
      ch4oz

      Go to company page PwC

      ch4oz
      OP
      Not a few days but my start date is in 4 months time and I know the visa takes probably about 8-10 weeks to process. I was just wondering whether I can quit my Canadian company during that period of processing and before my start date
      Nov 12, 2019
  • Amazon
    noveske

    Go to company page Amazon

    noveske
    I think you can be on vacation or leave of absence but don't terminate your employment.
    Nov 12, 2019 0
  • No you cannot
    Nov 12, 2019 0