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J1 Visa question - any help would be appreciated!

J1 Visa question - any help would be appreciated!

Old Jul 10th 2014, 12:21 pm
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Exclamation J1 Visa question - any help would be appreciated!

If I were to terminate my j program early I understand I am not entitled to the 30 days grace period anymore and would be asked to leave " immediately" (30 days to sort everything) and my status would change in SEvIS but instead of returning to uk could I go to canada or Bermuda and apply for an esta and return to the US as a visitor for less than 90 days to complete my travel plans and return on my original booked flight home? Would this mean my visa was no longer in use (although on paper it actually would) and I would be entered at Immigration as a visitor? Would I be violating my rules and threaten any future visa applications?

Thank for any advice from past experiences!
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Old Jul 10th 2014, 12:26 pm
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Default Re: J1 Visa question - any help would be appreciated!

You would not be violating any rules, but it is far from guaranteed that you would be granted entry to the US... what will you do if you are refused?
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Old Jul 10th 2014, 12:33 pm
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Default Re: J1 Visa question - any help would be appreciated!

Well i am very unsure! I am trying to gather as much information as i can. I would have proof of flight booked for the end of august as i entered. I know the visa would become invalid which would be fine if i knew i would be guaranteed entry back in on the visa waiver program. Have you had experience in this?
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Old Jul 10th 2014, 12:55 pm
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Default Re: J1 Visa question - any help would be appreciated!

Originally Posted by NYCG
... if i knew i would be guaranteed entry back in on the visa waiver program.
Well... that's the trick, isn't it? There is no guarantee that you'd be allowed into the US on the VWP. That said, I doubt you'll have any problems so long as you demonstrate that you have an outbound flight within those 90 days.

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Old Jul 10th 2014, 1:30 pm
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Default Re: J1 Visa question - any help would be appreciated!

Thanks Ian!

So if were to fill out the ESTA form there is one question about "previously having a visa cancelled?" i have one visa with "cancelled without prejudice" stamp over i am under the impression that it doesnt matter and they will ignore it at customs however the most recent would not have anything on written over it but i would no longer be using it? Any advice here?
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Old Jul 10th 2014, 1:50 pm
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Default Re: J1 Visa question - any help would be appreciated!

Have you obtained an approved ESTA after the cancelled visa?
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Old Jul 10th 2014, 1:59 pm
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Default Re: J1 Visa question - any help would be appreciated!

Well i have had 2 visas this year the first one was stamped when i went to the embassy to get the new one so i know this is ok and it will be ignored! However the second one will not have anything written on and the expiration date will be after i fly out of the US but my SEVIS status will have changed so if i am correct this means i can no longer use the visa anyway? So i am wondering if i apply for an ESTA as soon as i get out of the country what i should answer to the visa cancellation question...? As i said i will have proof of return to the UK in august but will they accept the ESTA over the visa do you think?
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Old Jul 10th 2014, 2:03 pm
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Default Re: J1 Visa question - any help would be appreciated!

Why do you want to wait to see if you can get an approved ESTA?
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Old Jul 10th 2014, 2:08 pm
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Default Re: J1 Visa question - any help would be appreciated!

Well at the moment i am still in the US technically on a none expired visa as i haven't decided whether to leave yet. Can i still apply for an ESTA whilst in the US on a visa? To see if i would be eligable...
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Old Jul 10th 2014, 2:48 pm
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Default Re: J1 Visa question - any help would be appreciated!

Originally Posted by NYCG
However the second one will not have anything written on and the expiration date will be after i fly out of the US but my SEVIS status will have changed so if i am correct this means i can no longer use the visa anyway?
I believe you're confusing the words "visa" and "status". A visa is a travel document... nothing more. A visa allows you to get on a plane and ask permission to enter the US. Once you've been admitted to the US, you have status. It's the status, not the visa, that's important so long as you are inside the US.

Once you leave your J-1 sponsor, your status ends - whether or not the visa is expired. I believe the visa itself, however, isn't specifically cancelled - it just becomes invalid for travel. Cancelled and invalid aren't the same thing. So...


So i am wondering if i apply for an ESTA as soon as i get out of the country what i should answer to the visa cancellation question...?
See above! Read between the lines.


Well at the moment i am still in the US technically on a none expired visa...
Don't say "technically" when, in fact, you mean "actually"!

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Old Jul 10th 2014, 2:59 pm
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Default Re: J1 Visa question - any help would be appreciated!

That is great advice thanks!

So if my physical visa in my passport says 1st sept., if i terminate the program i am required to leave the US immediately (whatever time the company give me) and my status would no longer exist meaning and the visa would no longer be valid for travel to the US.


My plan would be to go to Bermuda, apply for an ESTA on the VWP and re enter a few days later as a visitor to pursue the travels i had planned for my 30 day grace period. I have a flight booked home at the end of august that proves i will be leaving the US well within the 90 days

What are you thoughts on this?
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Old Jul 10th 2014, 3:03 pm
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Default Re: J1 Visa question - any help would be appreciated!

Sounds like a good plan in theory.
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Old Jul 10th 2014, 3:07 pm
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Default Re: J1 Visa question - any help would be appreciated!

Originally Posted by NYCG
So if my physical visa in my passport says 1st sept., if i terminate the program i am required to leave the US immediately (whatever time the company give me) and my status would no longer exist meaning and the visa would no longer be valid for travel to the US.
Correct.


My plan would be to go to Bermuda, apply for an ESTA on the VWP and re enter a few days later as a visitor to pursue the travels i had planned for my 30 day grace period. I have a flight booked home at the end of august that proves i will be leaving the US well within the 90 days

What are you thoughts on this?
It seems to me that you are following the proper course of action. You are leaving the US immediately after you leave your J-1 sponsor (as required), and you are subsequently asking permission to enter as a tourist (as required).

I don't think you're going to have a problem... but, as with all VWP travel, it's ultimately up to the officer whether or not to admit you. If he does, great... enjoy your holiday. If he doesn't, then you'll need to make arrangements to fly home from wherever you are. Either way, it's not the end of the world!

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Old Jul 10th 2014, 3:13 pm
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Default Re: J1 Visa question - any help would be appreciated!

Thank you!

This is what i thought. A lot of websites say the proof that you are going to leave the country really helps as it shows you are not staying past the 90 days. I will also be attending a wedding in Texas too. I can prove tickets for all these flights.

Everything i have read does say however that if you get denied access in to the US it can effect future visits and visa entries in to the US.

Any advice here?
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Old Jul 10th 2014, 3:23 pm
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Default Re: J1 Visa question - any help would be appreciated!

VWP requires that you have onward travel.
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