What status/Visa am I eligible to (currently under F1, end of status)

[Nelchior 0]

Hi Everyone!

I am currently under a F1 Visa, in my grace period, and I am reaching the end of my 60 days in just a couple days.

Even though I am ready to leave I would have liked to know if I am eligible to any change of status. I misunderstood the whole grace period thing, and did not have time to empty my apartment. I just want to know how I can stay longer. I have a promise of employment for a job that I start in September in France, I wanted to know if that d help ?

Can I change my status? to which one, and how? Also, If I do so, can I stay here while the process is pending ?

Thank you so much for your time and answers!

G.

[LIFE'SJOURNEY 970]

There is nothing you can do in a 2 day period of time, you should leave on time so you will not earn an overstay if you ever which to visit the US again. Ask a friend to assist in cleaning out the apt for you.

There are no extensions to be given on a student visa, unless you have applied for OPT and have a job lined up.

You could follow the advice given in this post if the VWP apply to you. http://www.visajourney.com/forums/topic/363172-girlfriend-f-1-i-20-one-month-extension-please-help/

Edited April 21, 2012 by LIFE'SJOURNEY

[Nelchior 0]

Thanks!

does anyone know how long I should wait before I got back as a tourist? I am back in france now, and i am planing on going back in two weeks. I understand it is a bit early, but I cannot wait and need to sell my things, empty my apt, etc.

I have a few (good excuses):

-Either emptying apt or finding a new tenant, since my lease is up in December (could get a letter from my landlord asking for either one of those excuses)

-Attending to a dentist surgery operation (need a canal treatment, got a fax from my dentist detailing operation and date)

-I also have a job in France that I start in September, perhaps i can ask my future employer to write me a "promise of employment"?

Is two weeks too early? Should I register on the ESTA website? Or should i try to get a B1/B2? What are my chances and my best option?

Thank you for your time

[jaycali 415]

Thanks!does anyone know how long I should wait before I got back as a tourist? I am back in france now, and i am planing on going back in two weeks. I understand it is a bit early, but I cannot wait and need to sell my things, empty my apt, etc. I have a few (good excuses):-Either emptying apt or finding a new tenant, since my lease is up in December (could get a letter from my landlord asking for either one of those excuses)-Attending to a dentist surgery operation (need a canal treatment, got a fax from my dentist detailing operation and date)-I also have a job in France that I start in September, perhaps i can ask my future employer to write me a "promise of employment"?Is two weeks too early? Should I register on the ESTA website? Or should i try to get a B1/B2? What are my chances and my best option? Thank you for your time

No need for a B-2, waste of time and money. Just fill out ESTA when you get back to France. If it comes back approved (which it most likely will unless you have previous overstays), you're set to go. Personally, I'd probably wait a bit longer than 2 weeks.

Bring all those pieces of evidence with you on the plane, as there's a good chance the CBP officer will want to see them. I don't really think you'll be denied entry as long as you have no previous negative immigration history, but there are no guarantees, and you probably will be questioned a little more.

A B-2 visa might give a sense of security if you chose to apply for it, but a B-2 is also no guarantee of admission. The CBP have the final say.

P.S. I knew a French student who graduated, went back to France, and came back 3 weeks later to sell his car.

Edited April 22, 2012 by jaejayC

[Nelchior 0]

No need for a B-2, waste of time and money. Just fill out ESTA when you get back to France. If it comes back approved (which it most likely will unless you have previous overstays), you're set to go. Personally, I'd probably wait a bit longer than 2 weeks.

Bring all those pieces of evidence with you on the plane, as there's a good chance the CBP officer will want to see them. I don't really think you'll be denied entry as long as you have no previous negative immigration history, but there are no guarantees, and you probably will be questioned a little more.

A B-2 visa might give a sense of security if you chose to apply for it, but a B-2 is also no guarantee of admission. The CBP have the final say.

P.S. I knew a French student who graduated, went back to France, and came back 3 weeks later to sell his car.

Thank you for your answer, it cheers me up.

You seem pretty knowledgeable, perhaps you know more about the whole ESTA thing. For example, how long is the wait? And even if I want to leave in just three weeks, should I apply now? And finally, If they refuse, can I try a B1/B2, or do my chances to get any other type of visa get smaller? In other words whether i try the ESTA thing, or the B1 B2, if it fails, will the immigration agent know about it ?

Don't you thinlk I m better off just flying there in 3 weeks without doing neither the ESTA nor the B1/B2 ? I would be just so surprised to be kicked out.. I did a few trip in NY, I never seen/heard about people being sent back to their country after flying during ten hours.

Also, last question, I will also buy a return ticket just to prove them I WILL come back to France. If I buy the ticket for July let's say, will they give me a visa only valid up until July, or will it be 3 months as usual?

Again, thank you for your answer, and your time, It means a lot.

[jaycali 415]

Thank you for your answer, it cheers me up. You seem pretty knowledgeable, perhaps you know more about the whole ESTA thing. For example, how long is the wait? And even if I want to leave in just three weeks, should I apply now? And finally, If they refuse, can I try a B1/B2, or do my chances to get any other type of visa get smaller? In other words whether i try the ESTA thing, or the B1 B2, if it fails, will the immigration agent know about it ? Don't you thinlk I m better off just flying there in 3 weeks without doing neither the ESTA nor the B1/B2 ? I would be just so surprised to be kicked out.. I did a few trip in NY, I never seen/heard about people being sent back to their country after flying during ten hours. Also, last question, I will also buy a return ticket just to prove them I WILL come back to France. If I buy the ticket for July let's say, will they give me a visa only valid up until July, or will it be 3 months as usual? Again, thank you for your answer, and your time, It means a lot.

You cannot enter the US as a tourist anymore without ESTA. You have to fill out ESTA, and you should do it a minimum of 72 hours before your flight. If you're an F-1 student now, you probably haven't been to the US as a tourist in the last few years, but remember earlier, they would hand out a green I-94W on the plane that you had to fill out? That green paper has now been replaced by electronic registration called ESTA. Everyone who travels to the US visa-free has to fill out ESTA online first, or you won't even be allowed to board the plane.

When you fill out ESTA, the response is automatic and instant in nearly all cases. You'll get an answer within seconds. It comes back either "Travel authorized", "Travel denied" or "Pending."

If your ESTA is approved, you can travel, and the CBP officer will likely stamp "WT" in your passport and a date. That date is the last day in which you can stay in the US, and on the VWP (Visa Waiver Program) it's nearly always 90 days. You can then stay for up to 90 days, regardless of when your return ticket is. Only in a very few cases will they stamp it for less than 90 days. I've changed my return ticket before and never had any problems. As long as you leave before 90 days are up, you're good.

The good thing about ESTA is that once approved, it's good for 2 years, so you only have to fill it out once every two years, or if you get a new passport.

If your ESTA comes back denied, it means for some reason you're not eligible to travel visa-free under the VWP and you need a B-2 visa to enter the US as a tourist. You can still apply for a B-2 if ESTA was denied.

If you want some peace of mind, type in ESTA into Google and fill it out right now. You'll most likely get a response immediately. It'll ask for flight info etc., but this isn't mandatory so you can leave that blank. It's electronic, and it's in their system, so you don't have to print it out, but it's generally a good idea to keep the receipt number just in case.

Edited April 22, 2012 by jaejayC

[jaycali 415]

And finally, If they refuse, can I try a B1/B2, or do my chances to get any other type of visa get smaller? In other words whether i try the ESTA thing, or the B1 B2, if it fails, will the immigration agent know about it ?

It depends on the reason why ESTA was refused. They won't tell you why, just that you need to apply for a B-2 visa. If it was refused for a reason that would make you ineligible for a B-2 visa, then yes, your B-2 visa will be refused also. If it was refused simply because you're not eligible for the visa waiver travel, then you probably won't have any big issues getting a B-2.

Will the immigration agent know if your ESTA was refused? Yes. They'll know because you won't be able to board the plane without an approved ESTA in their system or a B-2 visa in your passport, so if ESTA is refused for whatever reason, you have to apply for a B-2 visa at the embassy.

Edited April 22, 2012 by jaejayC

[Nelchior 0]

It depends on the reason why ESTA was refused. They won't tell you why, just that you need to apply for a B-2 visa. If it was refused for a reason that would make you ineligible for a B-2 visa, then yes, your B-2 visa will be refused also. If it was refused simply because you're not eligible for the visa waiver travel, then you probably won't have any big issues getting a B-2.

Will the immigration agent know if your ESTA was refused? Yes. They'll know because you won't be able to board the plane without an approved ESTA in their system or a B-2 visa in your passport, so if ESTA is refused for whatever reason, you have to apply for a B-2 visa at the embassy.

Thanks, it's all pretty clear now. I had the ESTA link saved in a tab, but I didnt know whether I should do that or B1. well I ll try with the ESTA first then. I am gonna ask you a last couple of questions.. Sorry about that, you seem very knowledgeable, maybe you ll know:

Am I more likely to get approved with travel information?

If I make it back to the U.S, in case someone offers me a really good internship, would I be likely to get a new J1, considering that I already performed one there before ? Although I have -two years rule doe not apply - on my last F1, and I would be performing it for a school in France that i am enrolled in. Even though i already graduated from an American university.

I know I am changing the subject, but this is the other question i am trying to figure out. An employer that i met before contacted me with a really good internship offer, it seems solid, but he would like to meet first.

Again, thank you a lot, MUCh appreciated, thanks

[jaycali 415]

Thanks, it's all pretty clear now. I had the ESTA link saved in a tab, but I didnt know whether I should do that or B1. well I ll try with the ESTA first then. I am gonna ask you a last couple of questions.. Sorry about that, you seem very knowledgeable, maybe you ll know:Am I more likely to get approved with travel information?If I make it back to the U.S, in case someone offers me a really good internship, would I be likely to get a new J1, considering that I already performed one there before ? Although I have -two years rule doe not apply - on my last F1, and I would be performing it for a school in France that i am enrolled in. Even though i already graduated from an American university. I know I am changing the subject, but this is the other question i am trying to figure out. An employer that i met before contacted me with a really good internship offer, it seems solid, but he would like to meet first.Again, thank you a lot, MUCh appreciated, thanks

1. Always fill out ESTA before applying for a B visa. If ESTA is approved, don't worry about a B visa. You don't need it.

2. ESTA simply does a quick name check etc and returns the result immediately. If it can't find anything negative, you'll get "Travel authorized." You're then cleared to travel like you normally would on the VWP before ESTA. "Travel authorized" is no guarantee of entry, it just means you're eligible for VWP travel and that their system couldn't find anything on you immediately in whatever mysterious databases they have. Entering flight information will not make you more or less likely to be approved. Plenty of people have no concrete plans but fill out ESTA just because they might travel to the US at some point.

3. If you have "two year rule does not apply" written on it, you're not ineligible for a J-1 visa, as long as you otherwise fill the requirements for the visa. It sounds like you're worried about traveling too much or getting too many visas.. There is no limit to how many times you can get a visa, as long as you're eligible for the visa applied for. The only thing they might be suspicious of is whether you're intending to immigrate, but being from a VWP country, you're not really on top of their suspicion list. In fact, I know here in Norway, the US Embassy is trying to promote students to go and even holding workshops to aid in the application process.

Edited April 23, 2012 by jaejayC

[jaycali 415]

Just to add one thing here. You seem to be worried about traveling too frequently, and that therefore you should apply for a B visa. A B visa is absolutely no guarantee of entry. In fact, an approved B visa only allows you to board a plane to the US. The CBP officer at the airport has the say as to whether you're allowed entry or not. A visa only means that the US embassy or consulate thinks you're eligible for a visa, and then the CBP officer gets to decide whether that is true or not.

In fact, in your case, the first thing they'd ask at a visa interview is "why are you applying for a tourist visa if you can travel on the VWP?"

It's a little like insisting on taking a math final exam when your major is English.

Edited April 23, 2012 by jaejayC

[Nelchior 0]

Yes, i am indeed worried about getting too many visas.

As a matter of fact, I read that the point of performing internships in the U.S is to "gather knowledge that will be then applied in your country of origin"

Since i already performed an internship in the U.S FOR my school in France (Though I STILL have to perform another internship for the same school), I often heard they would give me a hard time. Besides, since I graduated in between (though i didn't finish my school in France and didnt graduate yet, I had enough credits to transfer to an American university where I already got my diploma), it supposedly would make things much more complicated.

Yet, I am trying to get back to at least get to empty my apt, and maybe hang out there a little before I start my new job in France in September.

As you recommended, I am going to fill out the ESTA form, and will try to go back to NY at the end of next week (which would have been only two weeks after getting back here in France). Hopefully, they ll let me in, besides, I have a few "good" excuses.

I am kinda tempted by the B1/B2, but I feel like the immigration person who will conduct my interview might be less flexible than the immigration agent at the airport in NY. In the other hand, B1/B2 lasts longer, so it's more tempting.

Once I ll get there, I know a couple professional acquaintances will offer me an interview. Though i m supposed to start a new job here, I d rather work there, so i ll probably give it a shot (which is something i will definitely not specify at the border check). If they are willing to hire me, then the only way for me to work for them would be either an H1B - in which case I couldn't start before new H1bs are issued in October - or a J1, that allows me to be paid, but the employer would have to be ok with that. Besides, to the eye of the USCIS I would have been in the U.S under a first J1, then F1, then tourist, during which it would sound like I would have been job searching... I really don t know if a J1 would be approved.

Let me know what you think of that.

And again, thank you for your time. I hope it'll help anyone else in the same situation.