Returning to UK, concerned about future visits to USA
#1
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Posts: 37
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
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
#2
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Re: 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
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
#3
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
If you qualify for VWP travel, you will need to apply for ESTA prior to visiting the USA in the future.
Rene
#4
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
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
#5
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.
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.
#6
Re: Returning to UK, concerned about future visits to USA
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.