vpk18

Hi,

I am a UK passport holder and have an L-1 visa with an expiry date of Dec 2012 in my current passport. However, I no longer work for the employer (I was on secondment to the US firm from the UK firm and have since returned to the UK). I am not sure if my former employer has cancelled my L-1.

I am planning to visit the US for a 10 day holiday next week and wanted to check if I can use the VWP?

Thanks,

vpk18

ian-mstm

The moment you were no longer employed by your L-1 sponsor, your visa became immediately invalid whether or not it expired. You shouldn't have any problem using the VWP if you're otherwise eligible to you use it. Be sure to complete ESTA first unless you already have valid ESTA authorization.

Ian

vpk18

Thanks Ian - that's what I figured, but couldn't find anything confirming the position.

lj2

Is it that straight forward though? I asked the PoE officer which I should be using when I came back to the US after rejoining the UK firm and he told me to use the L1...

So I therefore entered on my L1 despite not working for the US arm of the Company.. as advised to do by the PoE officer. I have posted this on here a number of times but can't seem to get any definitive understanding of whether it is a problem...

The Company lawyer didn't seem to suggest it would be, although Ive not yet got a direct line with him again.

lisa67

But it sounds like the OP is working in the exact same position with the exact same company as he was on the L1...are you?

lj2

It seems to me as though the OP worked for the US arm during his time under the L1, but has subsequently left to re-join the UK arm in the same position.

To all intents and purposes - yes, that is the same as my situation.

I then returned to the US for a wedding, with a completed I94 and a completed I94W and asked the PoE officer which one to use, explaining my situation. He said the I94 and stamped my entry as an L1 entry. The advice to the OP seems to be that he can't use the L1 - I did.

ian-mstm

Yes, it is.


He either lied deliberately, or assumed that what he told you was the correct answer. Either way, he guessed.

Ian

lj2

OK, and I would assume it was the latter...

How does this harm my next application for an L1?

Michael

Most POE officers are not the brightest people in the world. You will probably get someone with either a high school diploma or a GED and unlikely to get someone with a college degree.

If you logically think about it, you are no longer working in that position so therefore you should not use that visa. Even if you don't think logically, why use that visa if you already applied for ESTA? So if the POE notices the L1 visa in your passport and tries to use that, ask him to call his supervisor.

Since you had ESTA clearance, hopefully that if it is ever brought up, you can claim that you thought that the ESTA was the way you should enter but the POE officer said the L1 visa was the way you should enter and you took his word for it. Since you had ESTA clearance, your story makes sense and would likely be considered inconsequential. Without an ESTA clearance, then you may have a more difficult time explaining your entry under the L1.

vpk18

Hi,

I have been advised by my employers that if the trip is personal in nature (which it is) then I should not use the L-1. I have applied for an ESTA and received the authorization to travel so will use that to enter.

Thanks for the advice everyone.

Regards,

vpk18

ian-mstm

It shouldn't at all.

Ian

ian-mstm

Earlier, you said you no longer worked for your L-1 sponsor. The L-1 is invalid, even if it's not expired... you can't use it. If the person who advised you also works for your former employer, then you did well to leave them... because they're all idiots.

Ian

lj2

Can you elaborate Ian? Why do you not think it would? Is it not a black mark that I entered ion an L1 in this fashion?

Clearly what you are saying is what I would hope, but I'd love to understand why...

vpk18

Ha Ian - meant ex-employer, but your point is still valid.

Thanks.

ian-mstm

The officer let you in (whether or not he should have), so the US government doesn't know any different - and they won't... unless you stupidly volunteer to tell them!


Your prior L-1 visa will have no bearing on any future L-1 visa. The cases are adjudicated independently. Your prior entrance was allowed and didn't raise any red flags.

Ian