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H1B expiring and returning to the UK

H1B expiring and returning to the UK

Old Jun 21st 2010, 6:41 pm
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LyM
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Default H1B expiring and returning to the UK

Hello there
I'm a Brit who has lived and worked in New York for the last 6 years on a H1B and in 2009 I married to my Californian wife in LA. My H1B expires at the end of September this year at which time and our plan is to leave the US to live and work in London. We're working on those details now. But as we do we have a few broader questions. I hoping someone here can help point us in the right direction with part or all of our questions.

- does my wife need a visa to live and work in the UK?
- should we need to leave the US later than September, is there a visa extension I can apply for to continue residing and working in NY until I leave?
- when I return to the US to visit my wife's family do I require a visa? Especially should it be longer than a 3 month visit.

I think that's it for the moment!
Cheers all. Mark.
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Old Jun 21st 2010, 7:39 pm
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Default Re: H1B expiring and returning to the UK

Originally Posted by LyM
- does my wife need a visa to live and work in the UK?
Yes. http://www.uk-yankee.com/


- should we need to leave the US later than September, is there a visa extension I can apply for to continue residing and working in NY until I leave?
You can apply for an extension if you've not reached the maximum time limit for the H-1B. If you have, you're pretty much SOL. You might be able to change status to a B-2 visitor, but you couldn't work at all.


- when I return to the US to visit my wife's family do I require a visa? Especially should it be longer than a 3 month visit.
If you're eligible to use the VWP (90 days, not 3 months), it is unlikely that you'll get a B-2 visa.

Ian

Last edited by ian-mstm; Jun 21st 2010 at 7:48 pm.
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Old Jun 22nd 2010, 3:43 am
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Default Re: H1B expiring and returning to the UK

Originally Posted by LyM
- should we need to leave the US later than September, is there a visa extension I can apply for to continue residing and working in NY until I leave?
Two options:
1. File for adjustment of status to permanent resident based on your marriage. If you start this now it might be finished by September, or at least you will have EAD which gives you the interim right to stay and work. You can then abandon the green card when you decide to return to the UK.
2. If you only want to stay and work little bit longer, you can "recapture" any days you spent outside the US during your six years on H-1B and add them on to the end.

Both of these options mean fees and paperwork. Option 1 has more of both, but it gives you a lot more flexibility.

Last edited by henryh; Jun 22nd 2010 at 3:49 am.
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Old Jun 22nd 2010, 1:26 pm
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Default Re: H1B expiring and returning to the UK

Originally Posted by henryh
File for adjustment of status to permanent resident based on your marriage. If you start this now it might be finished by September, or at least you will have EAD which gives you the interim right to stay and work.
I understand what you mean, but for the sake of any newbies reading your comment... filing for adjustment gives you the ability to stay; filing for an EAD gives you the ability to work.

Ian
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Old Jun 22nd 2010, 4:41 pm
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Default Re: H1B expiring and returning to the UK

Originally Posted by henryh
Two options:
1. File for adjustment of status to permanent resident based on your marriage. If you start this now it might be finished by September, or at least you will have EAD which gives you the interim right to stay and work. You can then abandon the green card when you decide to return to the UK.
2. If you only want to stay and work little bit longer, you can "recapture" any days you spent outside the US during your six years on H-1B and add them on to the end.

Both of these options mean fees and paperwork. Option 1 has more of both, but it gives you a lot more flexibility.
I don't think they want to file Adjustment of Status..

"H1B expires at the end of September this year at which time and our plan is to leave the US to live and work in London"
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Old Jun 22nd 2010, 5:46 pm
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Default Re: H1B expiring and returning to the UK

And they asked for options to extend their stay. AoS is an option, even if only for a "short" period. It has its advantages and disadvantages, as I discussed.
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Old Jun 22nd 2010, 6:11 pm
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Default Re: H1B expiring and returning to the UK

Thank you ian-mstm. Do you by any chance know which visa my wife would require to work in the UK? I'm working my way through the UKBA site now.

Thank you henryh and meauxna. I had considered adjusting status and applying for permanent residency however my understanding is that if I enter and then abandon the process I jeopardise any future Green Card applications. Is that correct? One scenario I don't what to discount is my wife and I relocate to the UK for work and then in 5 years+ return to the US to live and work in her native California.

I wasn't aware the H1B allowed for recaptured days- I was outside of the US for 2 months in 2007 so that might be a good extension option for me.

Thanks again, Mark
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Old Jun 22nd 2010, 6:29 pm
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Default Re: H1B expiring and returning to the UK

If you abandon the green card after completing adjustment of status, that is completely fine and nonprejudicial on future applications.

If you abandon adjustment of status partway through, I'm fairly sure that is also okay since you are in the US "under color of law" once a nonfrivolous adjustment of status application has been filed, so no unlawful presence is accumulated. But you would probably want to "actively" abandon it by contacting USCIS to say so, rather than just ignoring their letters.
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Old Jun 22nd 2010, 6:59 pm
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Default Re: H1B expiring and returning to the UK

Originally Posted by LyM
Do you by any chance know which visa my wife would require to work in the UK?
Sorry... no idea. I came the other way!


... if I enter and then abandon the process I jeopardise any future Green Card applications. Is that correct?
I agree with henryh... you'll not jeopardize any future applications.

Ian
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Old Jun 24th 2010, 3:54 am
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Default Re: H1B expiring and returning to the UK

Originally Posted by LyM
Thank you ian-mstm. Do you by any chance know which visa my wife would require to work in the UK? I'm working my way through the UKBA site now.
Spouse visa. http://www.ukvisas.gov.uk

Visa needs to be obtained in advance - not possible to show up as tourist and switch afterwards.
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Old Jun 25th 2010, 3:26 am
  #11  
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Default Re: H1B expiring and returning to the UK

Great - thank you JAJ... that site was incredibly helpful.

Really appreciate all the info, everyone.

Thanks again,

Mark
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