L-1A Grace Period

[DotNM 0]

I'm a Canadian and have been in the US on an L-1A visa that expires in 2023.  I was laid off on July 1, leaving me a 60-day grace period to leave the US which expires August 30.  Due to delays with movers, the move of my personal belongings has been pushed back until September 17 at the latest.  My understanding is that I'd have to file an I-539 to request B-2 (tourist visitor) status until the end of September.  Does anyone know if that's the correct process?  Also, as the current processing time for the I-539 is at least 2.5 months, if I leave the US by the end of September as planned and abandon that application, would I have problems coming back to the US in the future?  Would it be better to withdraw that application, instead?

[arken 4,197]

46 minutes ago, DotNM said:

My understanding is that I'd have to file an I-539 to request B-2 (tourist visitor) status until the end of September.  Does anyone know if that's the correct process? 

USCIS needs to receive your i-539 COS application before the end of August.

 

46 minutes ago, DotNM said:

Also, as the current processing time for the I-539 is at least 2.5 months, if I leave the US by the end of September as planned and abandon that application, would I have problems coming back to the US in the future?  Would it be better to withdraw that application, instead?

Current processing time is almost 9-20 months depending on the Service Center. You won't even get your biometrics done by the time you leave US mid Sep. You may not even get your receipt notice by that time because of delays these days.

 

Your i539 will be denied since they will process your i539 much later than your requested stay period. A rejection or withdrawal means your stay beyond your 60 day grace  period will be deemed overstay however it's a bit gray area how they perceive it if the person has already left before the decision was made. In other words, you may face issues coming back to the US later.
 

I'd say bring your i539 receipt notice, your departure evidence, rejection or withdrawal acknowledgement notice from uscis next time you plan to enter US just to show them you left US while it was pending. Keep you finger crossed.

Edited August 23, 2021 by arken

[Chancy 6,241]

*** Moved from AOS from Work/Student/Tourist Visas to General Immigration-Related Discussion -- OP is asking about COS via I-539, not about AOS via I-485 ***