julie78

I've just been told that my job can no longer be here in NYC in Jan (my company want me to move elsewhere), however I'd love to stay if possible so am currently approaching relevant British companies to try and find one who is open to hiring and sponsoring me for another E2 visa. Has anyone been through this process?

My questions are:

- if I can find an employer willing to do this, do I need to have my existing visa cancelled straight away and then be in the uk immediately to wait until the new visa is issued? (And how quickly can that process go?)

- If for any reason it wasn't approved (and there's no reason that it shouldn't be, but I remember last time the company lawyer really stressing the point that nothing is guaranteed), would I still be able to get an ESTA to get back in to the USA temporarily to pack up my life and ship my stuff out to exit permanently?

shiversaint

You would have to return to the UK to get another E2 visa. I am not sure on the law regarding what happens when your E2 related job is terminated - someone here will know though. It might be that you're entitled to stay for the length of your i94, but obviously you will not be able to work until you get a replacement E2 for another job.

Assuming you are eligible for ESTA, having had an E2 in the past would not preclude you from returning on ESTA.

However, bear in mind that quickly returning on an ESTA after E2 cancellation may look like you are coming back to the US and not planning on leaving. Make sure you bring your return flight details and evidence of ties to the UK (actively used bank account statement/recent bill/rental lease/mortgage etc) to demonstrate that you intend on leaving.

civilservant

When the job ends the visa ends, but you are allowed reasonable time to conclude your affairs in the US. What reasonable time is isn't defined in law.

julie78

Yes, I understand that - in the event that I can't line up another job and E2 here then I will exit the country with all my belongings when my current job ends. However, my question is around the possible situation of finding a new job and starting the E2 process with the new employer (which would be before the end of my current role as I can't stay here beyond that date).
Has anyone been through this before?

shiversaint

I think you will struggle to find someone who has gone seamlessly from one E2 to another, especially as an Essential Employee like yourself, it's just not that common to have one in the first place.

Fact is, you MUST return to the UK to obtain another E2 as the interview cannot be performed in the US, it is not possible for the visa to be issued to you in the states.

There is nothing stopping you applying for another E2 with an existing, valid one (I actually did this as I transitioned to a subsidiary that split off from the parent, so I'm quite close to your situation), but one of the questions I was asked was if I was working at the previous company any more, which I was not, and the consular officer cancelled that visa there and then. That also means I would not be allowed to work for them in the states.

So in essence, yes you can get your application going, but as soon as you return to the UK for your new E2, your old one will be cancelled and you cannot return to the US to work for the old employer.

I think having a gap in between employment is somewhat inevitable, the timing to get it as you need it would be so difficult to achieve, even if you found another E2 job (which will be difficult).