Had H1B visa, was laid off now want to visit for a vacation

[bryanmayes08 1]

Hello, I used to live and work in New York and was there on an H1B visa. However I was laid off in Dec 2013 and so my my visa was cancelled. I moved back to the UK within the 180 day time limit after my visa was cancelled.

I have now just booked a trip back to New York for 12 days to visit friends. I was filling out the ESTA application and came a cross this question:

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled? *

Do i click 'yes' or 'no' here? I went to click yes but it gave me a warning. If i were to click yes would I still be able to enter?

Please advise

Thanks

[Nga&John 12]

Well you have an answer yourself

[Nich-Nick 3,354]

Hello, I used to live and work in New York and was there on an H1B visa. However I was laid off in Dec 2013 and so my my visa was cancelled. I moved back to the UK within the 180 day time limit after my visa was cancelled.

I have now just booked a trip back to New York for 12 days to visit friends. I was filling out the ESTA application and came a cross this question:

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled? *

Do i click 'yes' or 'no' here? I went to click yes but it gave me a warning. If i were to click yes would I still be able to enter?

Please advise

Thanks

Contact the CBP and tell them you did not violate the terms of your visa and why it was cancelled. Ask your ESTA question. This is the contact form. https://help.cbp.gov/app/ask

[Boiler 45,527]

There is no 180 day time limit.

[bryanmayes08 1]

There is no 180 day time limit.

There is a 180 day time limit. If you stay longer than 180 days without legal status you are then banned from re-entering the US for a year. If you go past something like 360 days (cant quite remember exactly the number) you are banned from re-entering for 10 years. I got that info from several lawyers, one of which in person. So pipe down.

[Boiler 45,527]

Separate issues, but could be amusing. Let us know how it goes.

[zuluweta 250]

There is a 180 day time limit. If you stay longer than 180 days without legal status you are then banned from re-entering the US for a year. If you go past something like 360 days (cant quite remember exactly the number) you are banned from re-entering for 10 years. I got that info from several lawyers, one of which in person. So pipe down.

The ban is 3 years if you overstay more than 180 days but less than 365 days.

[MacUK 983]

The ban is 3 years if you overstay more than 180 days but less than 365 days.

Bans are a different issue, overstaying by just ONE day without good reason means you can never use the VWP again.

So on the ESTA application you put 'Yes' that you have overstayed a visa and then you can apply for a B2

[Mollie09 1,543]

You overstayed your H1B. There is no grace period. You do not qualify for ESTA.
Good luck getting a B2.

[NancyNguyen 1,657]

There is a 180 day time limit. If you stay longer than 180 days without legal status you are then banned from re-entering the US for a year. If you go past something like 360 days (cant quite remember exactly the number) you are banned from re-entering for 10 years. I got that info from several lawyers, one of which in person. So pipe down.

There is no such thing 180 day grace period, it is a period before the barred time kicks in. But once you overstay your visa, you can kiss your ESTA goodbye. H1B visa holders are required to leave as soon as their visas are terminated.