peon

Hi everyone,

I have a question about e-3 visa expiry and re-entering the US.

My current e-3 expires in a few months. At that time, I am not planning on renewing and will be returning to Aus. However, before returning to Aus, I was planning on doing a long holiday (3-4 week road trip) after finishing work.

However, under the current e3 rules, I need to leave the country 10 days after finishing my job (which I will finish very close to the visa expiry date).

As such, my question is: can i finish my job and leave the country (via canada) within the 10 days of finsihing my job; and then re-enter the US (after a few days sightseeing in canada) under the VWP for a few weeks holiday?? Would this present any issues at the border (ie the fact I haven't returned back to Aus)?

Look forward to your replies! thankyou

lifehouse51

There are a lot of variabilities when it comes to whether someone can enter the U.S. at the Point of Entry. Although I don't see anything illegal with what you plan to do (Exit the U.S. before the E-3 status is over, then enter again with VWP), it can raise some concerns with the border agents if you re-enter the U.S. so soon after your left.

With that Said, last year when I finished my F-1 Student status, I left the U.S. and returned about 3 weeks later with VWP. I was asked about whether I was seeking a job, etc., although at the end I had no trouble getting in. If possible, I'd suggest you staying in Canada for a longer time before returning to the U.S. with VWP. I also doubt that they would deny you entry simply because you haven't been back to Australia.

bjih

You would be safer travelling out of North America (Canada, us, Mexico, Caribbean) I.e south of Mexico - Guatemala, Honduras, panama etc. The issue with travelling to Canada is that they do not take your I-94 as you remain in north America. After I completed a J1 visa I spent a month in Mexico and Guatemala and returned to get an extra 3 month vwp

augigi

I think it would be ok IF you took adequate proof that you're going to back to Australia after tying up your affairs in the US (I wouldn't tell them it's a holiday but say you were wrapping up to go home, which you sort of are). You would need an onward ticket to Australia, I would imagine.

meauxna

How does the change of status thing work for VWP-eligible people? Can OP do a change of status to B-2 and remain in the US?

lifehouse51

I honestly don't know how it works for people who didn't enter with Tourist status (VWP or B visa). For those, the airlines may refuse to take the I-94 if you're heading to Mexico or Canada, but not sure for the ones who are on working status instead. I don't think the airline agents understand this too well either, so sometimes you need to be proactice and insist them taking it if you decide to travel to Canada.

How about a trip to Europe? Depending on where you're flying out of the U.S., it's a cheaper/shorter flight than compared to flying to Australia.

crg

Yes. The I-539 would be allowed, less risky and probably cheaper than a trip to Canada, especially if the VWP thing goes south and a last minute plane ticket is in order, not to mention not being able to settle his affairs. The VWP risk could be mitigated by being prepared with evidence that the move back to Australia is imminent, but could never be mitigated as low as the I-539.

meauxna

thanks