J-1 visa + ESTA to travel, not to RE-ENTER but to STAY in the US?

Upvote:4

No, you cannot stay beyond the expiration of the grace period just because you have valid ESTA authorization. ESTA (and your visa, for that matter) are necessary only for entering the US. Your continued presence in the US depends on the immigration status you were granted when you entered the US, and on the period of admission that was authorized by the immigration officer.

It is possible to change from some nonimmigrant statuses to others without leaving the country. This requires an I-539 form with an application fee of $370. You cannot change into or out of any visa waiver program status (WT or WB), but you can change from J-1 status to B-2 status (even though you do not have a B-2 visa), provided you are not subject to the two-year home residency requirement.

Your current status and period of admission are reflected on your most recent I-94 form. These days, I-94 forms issued to people by CBP on entry into the US are not issued on paper but as electronic database records. If you do not have a paper I-94, which most people do not, you should be able to find your I-94 record online.

Without filing the I-539 form, you can also leave and re-enter the country, but this does carry a risk that you won't be readmitted. Since you're in California, it might be more convenient to consider going to Mexico instead of Canada. Any other destination outside the US (for example, Central America or the Caribbean) would also do.

For just a few days' extra stay, it seems like it might be better to change your plans.

More post

Search Posts

Related post