Vicious B

I'm being given severance at work and will be finishing with them end Feb. Does anyone know how long I have to leave the country? Is it immediately or is there a grace period? I'm asking because of a couple of things...

1. I have a lease until end of April and don't want to have to pay for two places (here and in the UK)
2. I have a new job in the UK starting first week March, they have said that they would be happy for me to work from home (in NYC) for the first month. To clarify, it's a UK contract for a Europe role, not US work. I would only be staying in the US so I don't have to pay for two apartments and it gives me time to pack up. Are there any issues with this?

Sorry that's probably two separate questions rather than one

TheKingOfHearts

I believe you have 60 days to wrap up your affairs or apply to change status (if eligible)

All this being said; you absolutely cannot work for your new European employer from home in NYC, even if you are being paid in Europe during that time.

Your L1 status is valid for work with your previous employer; not your new one. Work is seen as being done at the location you are physically present, in this case you would be working in the US & your status wouldn't not allow that.

Edit: I believe in the past you fell out of L1 status as soon as you were laid off. I believe this was changed to 60 days in 2017.

CA-NY

You get a 60 day grace period but you can't work.

(2) An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period.

https://www.ecfr.gov/cgi-bin/text-id...8#se8.1.214_11

Vicious B

Ok, would I be right in thinking I could leave and come back in on an ESTA?

TheKingOfHearts

You could leave and come back on the VWP (ESTA) which would give you 90 days in-country.

This would still not allow you to legally work from your home in NYC for your UK employer.

Noorah101

Yes, but you still wouldn't be able to work at all, not even for the UK employer.

Rene

Vicious B

So if I read things correctly, the ESTA can be used for business travel, so if I visited the US office here for a couple of days, could that work? sorry i'm confused, and want to do things by the book, obviously don't want to get into any trouble!

Noorah101

ESTA is the pre-approval to use the VWP. VWP travel for business is for specific business -related activities such as attending a trade show, meeting with clients, that sort of thing. Not your daily work activities. What exactly will you be doing in the USA for those couple of days? And being back for only a couple of days doesn't really help your dilemma of what to do about your US apartment until the end of April.

Rene

TheKingOfHearts

Iffy. VWP's can be used for business travel, but you ought to have a reason for said travel, other than that you want to physically live/be in the US.

For example, entering on the VWP (ESTA) for "business travel" and spending time in a workout, meetings or doing training is a legitimate use of the VWP.

Entering on the VWP so you can live in your home in NYC and work from an office in NYC "just because" isn't. That's not short term travel, it's residency at that point.

Speaking frankly, I can't see a way for you to legally do what you're looking for. Your best bet is to either defer your start date until you're out of the US (within the 60 days) or leave the US, start your new job, be based in the UK and return on the VWP to wrap up your US affairs. (Whilst not working)

Vicious B

Thanks for this, very helpful! I think I will do what you suggested at the bottom

yellowroom

This situation does underscore the precarious situation of being on an L-1 visa and your employment ending out of your control.

Vicious B, how much assistance are you getting from your employer? Are they paying any of your repatriation costs? I would also start talks with your landlord or their agent to see if there is any flexibility in ending your lease early. Mine were ok when I came back to the U.K. - I declined a new yearly contract saying I would be leaving part way through the year, and they were happy to let the old contract “roll over” until I left. I gave them a couple of months notice and they relet it quite quickly.

Vicious B

I'm am close to the end of my contract (end April) that the cost would be exactly the same whether I keep it or hand it back early (and i do have a flatmate to consider).
I am meeting with HR this morning to discuss severance and repatriation. I am hoping they will be good to me, otherewise will need to talk to a lawyer - that said i'm only on an 'at will' contract so not much leverage I believe.

scrubbedexpat099

Sounds like you just need to bite it.

yellowroom

Good luck with your HR meeting - I was fortunate on my L-1 in that my relocation agreement stated they would pay repatriation costs if they terminated my contract for any reason other than gross misconduct. In the end I requested my move back and paid for myself anyway. Is there anything in your previous UK HR policies that could help leverage your discussion - presuming you moved from the UK office in the first place?

Best wishes for the upcoming move anyway, glad to hear you already have a job to return to.

S Folinsky

I would like to suggest a slightly different question: what will be the result if I start my UK employment before I depart the United States?