# UK citizen on L1 A visa preparing to return back to UK



## ukusquestions (Jun 22, 2016)

Hi everyone,

I have found this forum so useful in the past so I wanted to ask a question.

I am planning on moving back to the UK after resigning from my job. I am currently in the US on an L1 A visa. I would like to know how long I have before I should leave after resigning. Is it also possible to leave on my visa and then re-enter on an ESTA as a visitor? I want to travel for a couple of weeks after I leave. 

I also want to know what forms/procedure I should follow when I leave such as IRS forms and if I have to notify anyone that I'm leaving.

Any help would be really appreciated.

Many thanks!:confused2:


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## BBCWatcher (Dec 28, 2012)

ukusquestions said:


> I would like to know how long I have before I should leave after resigning.


No time at all -- there is no grace period. You have to leave immediately, or you're Out of Status. The primary indicator of continued status (if there's some immigration question or controversy) is whether your employer is still paying you. (Within reason, of course.)

Obviously it's logistically difficult to pack and leave within a microsecond. In practice you use accrued vacation (or the employer agrees to grant you some), the employer still pays you, and you pack and leave. If you tour the Grand Canyon for a couple days within that limited amount of time (for example), nobody is likely to complain.



> Is it also possible to leave on my visa and then re-enter on an ESTA as a visitor?


_Possible_ but risky. CBP really doesn't like that. Your ESTA privileges are valuable, and I wouldn't recommend putting them at risk.

For the record, one way to extend your stay is to file USCIS Form I-539 to adjust status to a B-2 visitor visa. You have to time this filing correctly. You don't want to file too early before your last day of employment because if USCIS grants your adjustment more quickly than expected you have to stop work immediately. You don't want to file on the last day either. And you're still Out of Status if you've filed, the filing has been accepted, your L-1 is over, but USCIS hasn't made a decision on your adjustment. You're not "unlawfully present," however, so that's good. It is a _legal_ way to stay a bit longer as long as you file a truthful status adjustment application. There's some risk in doing this. If your adjustment of status is denied then, as I understand it, you lose your ESTA visa waiver privileges. (Check me on that, but I think that's correct.) If that is correct then I wouldn't recommend trying to adjust status to extend your stay (in slightly dodgy but technically legal -- or at least not illegal -- fashion) unless there's a _damn_ good reason.



> I also want to know what forms/procedure I should follow when I leave such as IRS forms and if I have to notify anyone that I'm leaving.


The U.S. doesn't have an "exit" tax clearance (unlike some other countries), but you still have to file for 2016 (assuming your L-1 ends in 2016) and pay any outstanding tax owed. Your 2016 U.S. tax return (and FinCEN Form 114 report) will be due on April 15, 2017, although you can file IRS Form 4868 early next year to get an extension to October 15. Your final tax return will likely be what's called a "dual status" tax return. See IRS Publication 519 for details.

If you have been contributing into the U.S. Social Security system during your employment in the U.S. -- probably not on an L-1, but possible -- then don't forget that you may have qualified for future retirement benefits (and spousal benefits if applicable) if you will also accrue contributions in treaty countries. Before you go, try opening an online Web account with the Social Security Administration. Make sure you can see your earnings history and that it's accurate. Keep track of that important benefit so that you can collect when you retire.

Of course you'll have the usual notifications practically everybody has when moving: telling friends and family where you're going, shutting off utilities, filing a change of address notice with the Post Office, etc. Regarding mail forwarding, some employers will let you forward mail to them, at your soon-to-be previous U.S. office, and they'll forward it on via interoffice mail. Some don't, and in that case you can talk to the Post Office about what they can do then decide whether you want to pay for a "virtual" mailbox service and forward your mail there. A lot of those mail forwarding companies are located in South Dakota, so if you search on "South Dakota mail forwarding" (with Google, Bing, or whatever) you'll get a bunch of options.

You can keep a U.S. telephone number indefinitely (as long as Google is generous) by signing up for a Google Voice number. That could come in handy. Google Hangouts is the Google Voice client.

Anyway, those are some random tips for your upcoming move. Hope you enjoyed your time in the United States.


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## Bevdeforges (Nov 16, 2007)

BBCWatcher said:


> The U.S. doesn't have an "exit" tax clearance (unlike some other countries), but you still have to file for 2016 (assuming your L-1 ends in 2016) and pay any outstanding tax owed. Your 2016 U.S. tax return (and FinCEN Form 114 report) will be due on April 15, 2017, although you can file IRS Form 4868 early next year to get an extension to October 15. Your final tax return will likely be what's called a "dual status" tax return. See IRS Publication 519 for details.


I would take a good hard look at this page from the IRS website: https://www.irs.gov/individuals/international-taxpayers/departing-alien-clearance-sailing-permit

Probably best to look into filing for a Departure permit, though check the list of those who are exempted from the process. (In a couple cases there is an alternative method of notifying the IRS of your departure.)
Cheers,
Bev


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## twostep (Apr 3, 2008)

The easiest and cleanest way is to fly to the UK, file ESTA and get on a plane as tourist. Have a great time!


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## ukusquestions (Jun 22, 2016)

Thank you all so much for your useful help! 

BBCWatcher thanks for all the extra advice! It is a pain in the bum but it's better to be safe than sorry as I may have to apply for a greencard in the future. Just married my American husband! We're going through his UK Visa process at the moment which is extremely painful, want to avoid any extra paperwork as we're so uncertain of when he'll receive his visa so probably wont file a USCIS Form I-539.



twostep said:


> The easiest and cleanest way is to fly to the UK, file ESTA and get on a plane as tourist. Have a great time!


So the situation is that I want to go see my husband's family in LA before I head back to the UK where I live now, Boston. 

-Option 1 -would it be a terrible idea to drive to Montreal for a weekend and enter back on an ESTA? Also do I have to file an ESTA in the UK? I know you said that this is risky but twostep have you done this before? 

- Option 2 - I have a couple of days left of vacation and if I resign a day or two after I get paid, and my notice period is 2 weeks and I get paid every two weeks, then after my last day I will still be on the pay roll for the remainder of the final two week period. So in theory my visa would carry on until I'm off the payroll.


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## twostep (Apr 3, 2008)

If you resign with two weeks notice and your employer accepts the two weeks you are employed until your final day.


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## ukusquestions (Jun 22, 2016)

That's a good point! I think they should be okay, but you never know. Better make the HR guy extra cups of tea in the lead up


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## BBCWatcher (Dec 28, 2012)

ukusquestions said:


> Just married my American husband!


You have the option to adjust status on that basis.



> -Option 1 -would it be a terrible idea to drive to Montreal for a weekend and enter back on an ESTA?


It would be, probably. Like most countries, the U.S. hates "visa runs." One way it combats them is to treat North America (all the adjacent/nearby countries: Canada, Mexico, the Caribbean) as not _really_ a departure. For example, let's suppose you're just an ordinary ESTA visa waiver tourist coming in from the United Kingdom -- never even visited the United States before, let's suppose. The U.S. lets you in with 90 day stay permission. You head to Canada, then you attempt to reenter the United States. U.S. CBP counts your Canadian side trip as part of the same 90 days you were initially granted. Given that reality, CBP would probably take a dim view of what you propose. It'll look like exactly what it is.



> Also do I have to file an ESTA in the UK?


You apply for ESTA travel permission online.



> - Option 2 - I have a couple of days left of vacation and if I resign a day or two after I get paid, and my notice period is 2 weeks and I get paid every two weeks, then after my last day I will still be on the pay roll for the remainder of the final two week period. So in theory my visa would carry on until I'm off the payroll.


There you go! Now you've got the hang of it. Don't take this to a ridiculous extreme, of course, but the two week (and bye bye) scenario you describe should be fine.


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## ukusquestions (Jun 22, 2016)

BBCWatcher said:


> There you go! Now you've got the hang of it. Don't take this to a ridiculous extreme, of course, but the two week (and bye bye) scenario you describe should be fine.


Amazing, thank you so so much! What a relief.  :thumb:


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## ukusquestions (Jun 22, 2016)

Hi again everyone,

Just wanted to add some extra information.

I called up the uscis and also asked them about my options. Basically, as you all said, the moment I leave my job I'm out of status. I can't be in the US out of status at all, hence the no grace period.

I also asked about leaving to go to Canada and coming back on an ESTA, she said that was absolutely fine just as long as I wasn't out of status. This will still be my plan B as I have taken all your advice into account but just wanted to let you know.

Thanks again!


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