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Leaving US on L1 and coming back on ETSA

Leaving US on L1 and coming back on ETSA

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Old Nov 3rd 2019, 10:46 pm
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Default Leaving US on L1 and coming back on ETSA

Hi there,

Wondered if someone could provide some clarity. There have been lay offs at my firm and unfortunately I'm one of the unlucky ones. As my L1 goes out of status after my last day next week I will be returning to London shortly after. Would it look strange if I returned a month later on an ETSA, purely to vacation and tie up some personal matters?

Thanks
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Old Nov 4th 2019, 1:33 am
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Default Re: Leaving US on L1 and coming back on ETSA

No, that should be fine.

Rene
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Old Nov 4th 2019, 10:44 pm
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Default Re: Leaving US on L1 and coming back on ETSA

Originally Posted by hp82
Hi there,

Wondered if someone could provide some clarity. There have been lay offs at my firm and unfortunately I'm one of the unlucky ones. As my L1 goes out of status after my last day next week I will be returning to London shortly after. Would it look strange if I returned a month later on an ETSA, purely to vacation and tie up some personal matters?

Thanks
You don’t really give enough details, when you say you will leave “shortly after” is that a day or 2 later or are you already planning to stay for a while to wrap up your affairs, I think there is some sort of grace period, others may know better.

I don’t think retuning a month later would be strange, but assuming your ESTA is approved (no reason it should not be unless you needed a waiver for your L1) you would then be entering as a visitor and they would look at you like other visitors, your issue may be your home ties, will you have another job yet, have established your residence back in the UK, or will you be unemployed and still have a lease on a apartment or house in the US? Do you have a love interest here ? All the usual things that could be red flags would still apply to you.
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Old Nov 6th 2019, 2:59 pm
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Default Re: Leaving US on L1 and coming back on ETSA

There is a 60 day grace period to allow you to tie up your affairs. Whilst I think you'd be fine, you can avoiding flying out and back in if you're doing this solely to not overstay.

When you say your L-1 goes out of status, is that an expiry date or are you just assuming you become an overstay after cessation of employment? What does your i-94 say?
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Old Nov 6th 2019, 5:17 pm
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Default Re: Leaving US on L1 and coming back on ETSA

Originally Posted by shiversaint
There is a 60 day grace period to allow you to tie up your affairs. Whilst I think you'd be fine, you can avoiding flying out and back in if you're doing this solely to not overstay.

When you say your L-1 goes out of status, is that an expiry date or are you just assuming you become an overstay after cessation of employment? What does your i-94 say?
If memory serves me correct, the 60 day grace period is set forth only for F-1 students. This issue would often come up in change of non-immigrant status applications -- did the applicant maintain status. I recall that there was no set time, but it was considered a good idea to do it within 30 days.
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Old Nov 6th 2019, 8:30 pm
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Default Re: Leaving US on L1 and coming back on ETSA

Originally Posted by S Folinsky
If memory serves me correct, the 60 day grace period is set forth only for F-1 students. This issue would often come up in change of non-immigrant status applications -- did the applicant maintain status. I recall that there was no set time, but it was considered a good idea to do it within 30 days.
The rules have changed substantially since those days:

https://www.uscis.gov/news/news-rele...-visa-programs

edit: on review, it looks like you only have 10 days to wrap up your affairs. The 60 day grace period is for you to transfer to another employer if you just so happen to have a suitable sponsor lined up.

Last edited by shiversaint; Nov 6th 2019 at 8:34 pm. Reason: Incorrect interpretation
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Old Dec 5th 2019, 9:46 pm
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Default Re: Leaving US on L1 and coming back on ETSA

Just to follow up with this, my employer stated that I would fall into the 60 day grace period.

To answer another question asked - my I94 has an end date of March 2021
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