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Returning to UK, concerned about future visits to USA

Returning to UK, concerned about future visits to USA

Old May 13th 2013, 2:45 pm
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Default Returning to UK, concerned about future visits to USA

I have had a H-1B visa since working here in the USA for a few years.
Last year I renewed my H-1B and it is now valid till Sep 2015.
The visa covers myself, my wife and our (7yr old) son.

We have now decided to return to the UK this summer.
I will no longer be working for the company I have been working for in the USA, although I will still be doing contract work for them when I move to the UK. I plan on setting myself up as a contractor in order to bill them for my time.

Although I have a valid H-1B visa which allows me to live and work in the USA, we do not currently have an entry visa to allow us back into the US if we leave. We were planning on getting this from an embassy overseas, but decided against this because we will be leaving this summer anyhow.

So if we want to re-visit the US again in the future, do we need to do anything specific in order to gain access?
Until Sep 2015, if we try and visit the US, I am concerned that Homeland Security will think that I am still employed by the company and won't let us in because we don't have a valid entry visa.
If we come back again, I would like to simply gain access with an ESTA visa after this summer.
Is there some official mechanism for reporting that I am no longer working for the company or to declare my current H-1B visa invalid?

We don't have any specific plans to come back as yet but I'd like to know we could do this without there being a problem.

Thanks
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Old May 13th 2013, 6:00 pm
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Default Re: Returning to UK, concerned about future visits to USA

Originally Posted by 01steven
I have had a H-1B visa since working here in the USA for a few years.
Last year I renewed my H-1B and it is now valid till Sep 2015.
The visa covers myself, my wife and our (7yr old) son.

We have now decided to return to the UK this summer.
I will no longer be working for the company I have been working for in the USA, although I will still be doing contract work for them when I move to the UK. I plan on setting myself up as a contractor in order to bill them for my time.

Although I have a valid H-1B visa which allows me to live and work in the USA, we do not currently have an entry visa to allow us back into the US if we leave. We were planning on getting this from an embassy overseas, but decided against this because we will be leaving this summer anyhow.

So if we want to re-visit the US again in the future, do we need to do anything specific in order to gain access?
Until Sep 2015, if we try and visit the US, I am concerned that Homeland Security will think that I am still employed by the company and won't let us in because we don't have a valid entry visa.
If we come back again, I would like to simply gain access with an ESTA visa after this summer.
Is there some official mechanism for reporting that I am no longer working for the company or to declare my current H-1B visa invalid?

We don't have any specific plans to come back as yet but I'd like to know we could do this without there being a problem.

Thanks
Seems to be more of a US visa question than UK, so I will move it to the US forum
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Old May 13th 2013, 6:07 pm
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Default Re: Returning to UK, concerned about future visits to USA

You are correct in that if you are not working for the sponsoring employer anymore, you cannot use your H1B visa to enter the USA again.

If you qualify for VWP travel, you will need to apply for ESTA prior to visiting the USA in the future.

Rene
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Old May 13th 2013, 6:12 pm
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Default Re: Returning to UK, concerned about future visits to USA

I can't answer your question about cancelling your H-1B visa, but I can tell you that there is no such this as "an ESTA visa".

ESTA is authorization to use the Visa Waiver Program, meaning no visa required. If you get the authorization, and travel to the USA as a visitor for tourism, you answer accordingly when the CBP officer asks, "What is the purpose of you visit?" The CBP officer will then ignore the H-1B visa and grant you entry (if he grants you entry) in WT status.

Regards, JEff

Regards
Originally Posted by 01steven
If we come back again, I would like to simply gain access with an ESTA visa after this summer.
Is there some official mechanism for reporting that I am no longer working for the company or to declare my current H-1B visa invalid?
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Old May 14th 2013, 5:07 am
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Default Re: Returning to UK, concerned about future visits to USA

Sounds to me that you extended your H1-B status until 2015 but never reapplied for a visa stamp from a consulate abroad. Once you leave the U.S., presumably your visa stamp will have expired by that time, and you won't be able to come back on H1-B without applying for a new visa stamp. You don't have to do anything to cancel it.

To enter the U.S. again as a visitor, apply for ESTA and make sure it's approved before you travel. There's nothing special you have to do in the future.
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Old May 20th 2013, 8:26 pm
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Default Re: Returning to UK, concerned about future visits to USA

Originally Posted by 01steven
So if we want to re-visit the US again in the future, do we need to do anything specific in order to gain access?
Just to add - if you are getting your money from a US company and you were previously present on H-1B that is a huge red flag to CBP as it sounds as though you lack non-immigrant intent, so make sure you have a folder with plenty of evidence, the main bit being proof you have a residence in the UK, lease agreement, deed, utility bills etc. And anything else you can gather together to back up your story.

The fact that you've already been in the US the majority of the previous calendar year also plays against non-immigrant intent.

Another useful thing to have is a copy of your tax return showing you left, i.e. dual-status return, which you have to do anyway but you obviously won't have that until next year.

CBP are trained to ask where you get your money from because of Matter of Hira.

If I were you I'd leave it a decent amount of time before you visit.
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