Work Visa to VWP

[TKY-LA 1]

Here is my full situation:

I am Japanese/Australian. Parents and sisters live in Japan.

I went to college in the US for 4 years, and have worked for two different companies in the US for 3 years (1 on H1B, 2 on E3). My E3 expired abruptly last year (October 2014), and I left the country (to London) for 5 weeks. I returned to the US for 3 months on VWP with no problem (November 2014-February 2015) to get my stuff together, figure out career moves, etc.

I am leaving the US now for Japan (2 weeks) and London with family friends for (~4 weeks). I then want to return to the US on VWP for a short period of time to travel, go to Coachella, etc. My questions are:

a) Will this raise any flags at immigration?

While my family is in Japan, I do not have a lease, car, etc there or a job. I could likely have my future employer draft an offer letter but not binding. I will have my return flight booked.

b) What happens if I am screened/turned away at immigration?

Are there any future repercussions if I am denied at immigration?

Thanks

[Boiler 45,956]

If you did think you are on a dodgy wicket why are you asking?

You could be allowed to withdraw your application or at worst be deported.

[TKY-LA 1]

Thanks, appreciate the response, but was hoping to hear from someone with either experience or expertise on the matter as I don't know where I stand or potential risks.

[Boiler 45,956]

You know you are pushing the envelope, you could be let in or not. Nobody can tell you which way it will go.

[TKY-LA 1]

I have no idea how my previous time here impacts ability to come back for a short period of time. Are there ways to make the process smooth? What would happen if I am turned away? Any long lasting effects to later ability to return or apply for subsequent visas (i.e. future work visa)?

[Boiler 45,956]

Here for 7 years

Gone for a few weeks

Back to max out the VWP

Gone for a few weeks.

Now looking to re entry.

Not I would suggest the normal pattern for a visitor.

They let you in or they do not. If you are allowed to withdraw your entry then you just lose your VWP privelges. They could deport you which comes with a ban, unlikely but possible.

[TKY-LA 1]

Does the student and work visas effect the VWP or are they considered completely separately?

Is there a standard/expected period before I could come back for a visit -- I obviously have friends and the like in the US after spending so long there legally

[Boiler 45,956]

Student visa is non immigrant so that could be challenging.

Work visas vary.

General rule of thumb for a visitor is to stay out at least as long as you have been in.

I had a friend who lived in the US effectively visiting, but that was some years ago. Assume they can see on their screen all your previous entries.

[TKY-LA 1]

Thanks for the help.

Last been in or been in in total?

Last trip was 2.5 months (on VWP), so coming back in April, 2 months later would be cutting it close?

Also when you say "lose VWP privilege" do you mean that trip or permanently? Any ways to demonstrate the trip is temporary and have better odds of going through?

[TKY-LA 1]

Sort of related question, but does my full travel history show up for both passports I have or just the one I am entering on? Any issues with this?

[Boiler 45,956]

There is no clean line in the sand, standard visitor will have a job etc and be visiting for a few weeks.

[Boiler 45,956]

Sort of related question, but does my full travel history show up for both passports I have or just the one I am entering on? Any issues with this?

Computers, obviously they are hot on this sort of thing.

[TKY-LA 1]

Figured as much, wanted to clarify your insight on VWP privileges you mentioned before:

When you say "lose VWP privilege" do you mean that trip or permanently?

Man, all these rules are strict/suck!

[Boiler 45,956]

No different in principal from elsewhere.

VWP is for low risk travellers, once you have issues then you would need a B which is not a given.

[TKY-LA 1]

Would denial hinder other visa applications, such as future work visa?