I went to the US recently 18th Aug and spent just under 2 weeks there. Now I want to go back for a visit of maybe 8 - 10 weeks. On my passport from my first entry it says I was elgible to stay until the 16th of November (90 days from the 18th of Aug). My questions are will I have any issues reentering the US so soon and will I be giving a new 90 peroid of be made to leave by the original exit date from my first visit. I should mention I am wanting to visit friends and return home to my home country of Australia when I left the US.

Which country did you depart to?

If your passport doesn't expire soooner, and departed from the last entry to a country that is not contiguous or adjacent to the US (Mexico, Canada, Caribbean) then you will either receive a 90-day VWP admission or nothing. They should not readmitt you for the remainder. Of course that's if the border guard decides to follow the rules. Bring a ticket or itinerary that shows you will be going to Australia.

I departed to Australia not a contiguous or adjacent to the US and have been in Australia since my return. I'm due to depart to the US on the 10th of October and am worried and they'll want me to leave by the 18th of November which was the depart date written on my passport on my first entry. So you think they'll give me a new 90 day admission?

That's what should happen. They should only readmit for the remainder if you didn't travel far enough away from the US. You can't get much farther away than Australia. Be sure to check your stamp before you leave the border inspection area and ask to see a supervisor if they don't write a date.

I would be more leery of them not allowing entry to the US since you were here recently and while your trip was the standard two week vacation time entry, this one will be for two months or more. I would not be surprised if they questioned the purpose of your visit.

Thanks for the replys. Can anyone share thier personal experience at being admitted again so soon after leaving? Where you given a new 90 day admission or made to be remitted on the last entry?

If you leave North America, you'll be given a new 90-day entry. If you remain in North America, you get admitted for the remainder of your original 90 days.

Rene

If you departed the contiguous territory, it is supposed to be a complete 90 day new admission. But you should not ignore Rete's comment "I would not be surprised if they questioned the purpose of your visit."

That's a long way to come back after a short while away. Someone nice?

Yes my boyfriend is there and I'd love to spend time with him but I don't intend to stay, I fully intent to return home as I'm starting University here in Aus soon. What happens if I'm refused entry? Does that mean I cant come back at a later date on the VWP?

About five years ago I returned to the US after about 2 weeks out. Both entries were for 90 days. No problems, I don't think even any questions beyond the usual were asked. However, I wasn't returning for 8 weeks; just one day (in transit from South America).

Bring evidence of your intent to return (e.g. a letter from your university stating the date you are expected to start your course), in case CBP decide to get difficult. Answer all questions honestly but don't volunteer unnecessary nformation.