B1 visa and esta
 

Asking for a french friend...

she has been given a B1 visa to do a 6 month internship in the USA, the visa lasts for 6 months. She'd like to be able to come 2 weeks beforehand to do a spot of travelling.
1. Can she apply for an esta seeing as she already has a valid B1? Will they give her the esta?
2. If she enters on the esta, will it trigger the B1 and the 6 month clock starts ticking?
3 If she has to enter and leave on an esta, can she go to Canada or Mexico to re-enter on the B1?

Re: B1 visa and esta
 

1. Yes. Probably.
2. No.
3. Yes.

When entering on the VWP, she will need to have proof of return or onward travel outside the USA.

Rene

Re: B1 visa and esta
 

This means only that she must use the visa before it expires. It has nothing to do with the duration of her stay - which is at the sole discretion of the CBP officer at the border. The officer could, for example, allow her to enter and stay for 6 months even if she shows up at the border with only 1 month remaining on the visa. The visa is a travel document... nothing more.


Yes.


Probably - yes... so long as she is otherwise eligible.


No.


Yes. She must, by the way, leave the US in order to re-enter using the B-1 visa because she can be in the US in one status only.

Ian

Re: B1 visa and esta
 

So Ian, are you saying that she doesn't need the Esta? If she shows return tickets for 6 months and 2 weeks' time?

Re: B1 visa and esta
 

6 months is the maximum time allowed on the B-2. So she needs the ESTA to cover the extra 2 weeks VWP visit.

It's just that she must leave the USA after the VWP visit in order to be admitted in B-2 status.

And in order to visit on the VWP, she will need to prove a return or onward travel outside the USA within a 90-day period.

Rene

Re: B1 visa and esta
 

Thanks Rene.
Is it the same for the B1?

Re: B1 visa and esta
 

Why can't the person in question simply file Form I-539 when in country in B1 or B2 status?

Re: B1 visa and esta
 

Yes.

However, I don't necessarily agree with the approach suggestions.

If it were me, I would simply file form I-539 to extend ones status past 6 months citing my reasons to stay an extra 2 weeks.

Re: B1 visa and esta
 

Hello everybody and thanks for your answers. I am the French friend in question. Just a few clarifications on what was said:
1. The visa is valid for 10 years. Meaning for the 10 years to come, I will be able to come in the US with this visa. However, once I get into the US and activate this visa, I will be able to stay for strictly 6 months, the duration of my stay is actually predetermined with a B1 visa.
2. I would like to avoid filing a form I-539 because the organization that employs me told me it would cost them significant extra fees to do so and I guess you need the support of your employer to be successful in extending your visa. At least that's what I was told. Does it seem right and coherent with usual procedures?

My biggest concern after having done a few researches is whether they'll let me stay on my ESTA for 2 weeks and not activate my visa straight away the first time I get in the US. Do you think they'll let me stay on an ESTA despite my B1 visa being already on my passport?

Thanks a lot for your answers, I've been struggling to find these informations.

Ps: btw Im a guy lol

Re: B1 visa and esta
 

They're idiots. Form I-539 is your responsibility, not theirs. You would simply need appropriate letters from them as per the instructions for the form.

You choose which entry document to use. You can either use your B1 visa OR, if you have an approved ESTA, you can enter on the visa waiver programme.

Re: B1 visa and esta
 

To clarify, it means that for the next 10 years you can fly to the US and ask permission to enter. Being allowed to actually enter the US is not guaranteed... even if you have a valid visa.


Much as it pains me to admit it, hungryhorace is correct - the I-539 is your responsibility, not the employer's.


Don't be too worried... this is a very common scenario.


Probably, yes.

Remember: you must exit the US after your visit and re-enter the US using your B-1 visa. You can be in the US in one status only... so either you're in the US in VW status or you're in the US in B-1 status.

Ian

Re: B1 visa and esta
 

Thanks very much to both of you for your answers. Say now I want to use this form to extend my stay, is Tourism a justifiable purpose for doing so under a B1 visa? And will I have to pay extra costs personally ?

Re: B1 visa and esta
 

Can you please clarify whether you have a B-1 visa, a B-2 visa, or a combined B-1/B-2 visa. It will help determine how best to answer your question.


Probably - yes. If you don't have the backing of your employer, then those extra costs are yours.

Ian

Re: B1 visa and esta
 

I have a B1 visa.

I guess then my employer told me that because the organization is paying for my visa fees (it did for the B1). Though I should check if paying these extra costs is more interesting than taking a flight to Mexico and another one back in the US...

Re: B1 visa and esta
 

Ah - well... unfortunately, that puts a damper on things. Under the terms of a B-1 visa, you are not allowed to engage in tourist activities - so extending the validity of the visa by filing an I-539 likely won't do you any good whatsoever unless you specifically request a change of status from B-1 to B-2.

Ian