sweetemotion13

Hi there, I need some help with a question I have. Next week I am due to start work in the US under the J-1 work and travel visa. I've spoken to other people doing this same program and have heard bad things and that they want to come home. So if I don't like it there and want to terminate my visa, I have to leave the US immediately. My question is, can I leave the country and then re-enter under the ESTA visa?

Thank you.

lifehouse51

Leaving the U.S. then reentering under the VWP will not be a problem, unless you violate the terms of your J visa or overstay.

sweetemotion13

Violating the terms would include quitting the job though, right? I think so anyways :/

lifehouse51

Not really, violating terms will be things like working for a different employer while on the J visa without notifying USCIS, or doing things not allowed by the J visa.

You're going for a job, and being fired from the job or quitting a job is something between you and the employer. As long as you leave the U.S. before the grace period is up (I believe it's usually 10 days, but could be longer for J visas), you are not violating the terms of your visa from the immigration standpoint.

sweetemotion13

Ok, what about SEVIS? I have a I-901 form, and have read online that when/if I quit the job the employer notifies SEVIS and that I'd have to leave the country immediately Is this the case? I will try and call the embassy to see if I can get an answer also.

Thank you

lifehouse51

I think you are getting a few concepts mixed up. If you are terminated by your employer or you quit the job, you have to leave the U.S. by a certain time. Some visas have grace periods. As long as you leave by that date, you're NOT in violation of your visa term.

As I mentioned before, violation will be things like working when you're not supposed to (On tourist or student visa, for eg.), working for a different company than the one sponsoring your visa, overstaying your status, etc.

And just to reiterate, if you lose your job, you either have to leave the U.S. or take the step to change your status to that of a tourist. Exiting and re-entering the U.S. again in the future under VWP will not be a problem.

ian-mstm

I think you're trying to make a mountain out of a molehill. If you quit the job, that's your choice. It isn't a violation of your visa as long as you immediately leave the US. So what if the employer notifies SEVIS... it won't affect you at all... it's a reporting requirement for the employer.


I wouldn't waste my time calling the Embassy. They aren't there to help you. As you've already been told, quitting your job and leaving the US will not affect any future VWP travel.


ESTA is not a visa... it's part of the VWP, the Visa Waiver Program (= no visa).

Ian

meauxna

Yes, that is the case. Your visa is to allow you to come to the US to do the specific job you're coming for.
As soon as you are no longer in that job, you have to leave (quit or get fired).

You can't just stay in the US on the J-1 visa, without the job.

S Folinsky

Actually, I think the term "visa" might apply. It is a functional visa but is issued by CBP and not DOS. Kind of a hybrid. However, it would be a matter of pedantic debate and I'm not going to lose sleep over it.