IPM

Currently on L1A and company have offered to file for GC. We do a lot of these and I hear it takes around 5 months.

My basic question is: are there any downsides when our mid-term view is to return to the UK?

I'm aware that the company might try and impose a lock-in to recoup their costs in the event of leaving, but most employers I know would probably buy-out these costs.

Apart from potentially losing some expat benefits in moving to a local contract and having more complex tax filings for a few years, is there anything that learned members would recommend that we consider?

kimilseung

As green card is often a step towards citizenship (and you talk about mid-term so I assume citizenship is an option that will be open to you) then check the Wiki
http://britishexpats.com/wiki/Pros_a...US_Citizenship

sir_eccles

Do you have children, were any born in the US?

IPM

Additional Info:

- no interest in becoming US Citizens
- two children (3 and 5) but neither born in US.
- horizon would be max 5/6 more years

jxv73

A common misconception is that you need a green card to be considered a "resident" for tax purposes. Actually, if you were present more than 31 days of the current year and more than 183 days of the previous year inside the US, the IRS considers you "resident" (there are some exceptions for F, J and M visas).

http://www.irs.gov/Individuals/Inter...-Presence-Test

In any case, staying on L1 vs getting a green card will not change your taxes except perhaps for 2013 (if you do not meet the substantial presence test). If you have a lot of foreign-source income, and do not yet meet the SPT, then you may want to delay your GC for 1 year.

Cardienscarf

If you become US Citizens, your children can become US Citizens which might be handy for them down the road.

Noorah101

I couldn't tell from your post, but are saying you only plan to stay in the USA another 5 or 6 years? If that's the case, I don't see any benefit from getting a green card. A green card is for those people who want to live permanently in the USA (whether they ever become USCs or not).

Rene

IPM

The main benefits we see are (a) no longer tied to one employer and; (b) it de-risks house purchase

Noorah101

True, you'd no longer be tied to one employer. You could stay and work in the USA as long as you like. You could purchase a home. But then give it all up when you move back to the UK.

Rene

Michael

If it is only a green card and not naturalization, then there probably isn't any real advantage other than you can change jobs at will. However, some had green cards but did not naturalize and left the US thinking that they would never return but later decided that they changed over the years and preferred to live in the US but no longer had a way to return since their green card was abandoned.

AddyLaddy

I have an old friend who got transferred to the US on an L1 with his family. They really like it here and want to stay, plus their teenage kids are in the US school system now.
But his employer wants him to move back after just 2 years, so he's getting a Green Card so that he has the choice, not the employer.

Noorah101

Kind of interesting that the employer doesn't realize your friend will move on and find a new job once he has his green card. If I were his L-1 employer, and I wanted him to move back to the UK in 2 years' time, I wouldn't be sponsoring him for a green card. Duh. LOL

Rene

AddyLaddy

It's unclear to me that his employer actually knows. Is that possible? I assume he could skip PERM being an L1 (executive) but would the company have sponsored the I-140?

Noorah101

In order to get a green card based on an L-1 or H1B visa, the sponsoring employer has to start the process. So the employer would know a green card is being applied for, because they company has to start the whole thing.

The employer might not know that the green card holder can change jobs, but that also seems doubtful (that the employer wouldn't know this).

Rene

markwm

If you are going to stay for 5/6 years then I'd get it and then naturalize so that if you ever want to come back, or your kids do, you can just turn up and carry on. If you leave and give up your stats and then wanted to return, you'd have to start over.