ross1990

Hiya,

Just wondering if anybody could give me any advice. Im a student from the UK who is working in the USA this summer under the J1 Visa. I changed my job whilst here and now my J1 Visa sponsor have terminated my J1 Visa and have told me to return to the UK immediately.

I was due to stay in USA until 10th September 2009.

I understand that as a UK passport holder you can get a visa waiver which lets you stay in the USA for 90 days as a tourist. If I wanted to stay in the USA until September 10th with my friend could I not get a visa waiver without having to return back home to the UK?

My friend is out here with me on the same program but is still with the job. I dont want to return and leave him here, id rather just stay as a tourist.

crg

How did your job change without approval from your sponsor?

If you found a new employer on your own and did not receive permission to work there then you are no longer in lawful status. You are an illegal alien. If caught in the US, you could be arrested and ordered removed with a 10 yr bar.

As for the VWP, what would you be seeking entry to do? Would you be returning to work? They may likely see your past violations of the J-1 as a sign that you will not follow the rules and deny your entry on the VWP.

ross1990

I wasn't aware that I was not allowed to change job.

I only want to stay here now for another month or so with my friend and travel with the money earned in the 6 weeks that ive been working.

If I exit the border at Canada and hand in my I94 white slip (which would confirm that I exited the USA).. then reenter getting a green VWP would that work?

crg

It depends. If your sponsor ratted you out to the government, you could find yourself stuck in Canada because the US could deny you when you try to get back in. Even if you are only in Canada for a minute, they can gets tuck with you.

If Canada decides not to let you in and sends you back to the US, and the government finds out the sponsor terminated your status, you will be arrested and detained.

You're out of status, you should leave ASAP before you get into more trouble.

augigi

How can someone go to a foreign country on a temporary visa and not find out the rules? I mean, it is pretty clear the the J1 is sponsored by a certain employer. Why on earth would you think you could just go and get another job? Did the new employer know they were hiring someone who was out of status?

crg

The SEVIS form comes with instructions too.

ross1990

http://www.j1online.ie/information/faq.aspx

I purchased my flights, insurance and J1 through this website. Under the FAQ section it says:

Can I change my job while in the USA?
Yes but the Programme Regulations require participants to inform USIT and/or CIEE by registering details of their new employment with SEVIS within 10 days of the change of employment.

I went by that. It didnt say I had to inform anybody before leaving it just said go to SEVIS and update it! It didnt say..NO.. you have to remain in the job you started out in ect.

Im so lost and confused. I know loads of people in the USA who are here with jobs, getting paid more money than me and dont even have a working VISA. Theres worse things you could do in a country to get arrested... rape, deal drugs, rob, murder somebody.. ive only went and quit a job and want to relax and travel for the last 5/6 weeks of the holiday.

Ive got flights to the West coast booked for August to travel and see abit of the country ect.

crg

Is this a cash job or did they complete a Form I-9? Did you have to show any documents to the employer?

ross1990

Cash job and no documents but they say to me that if I want to I can do it legal ect.

Im just so lost. How can quitting a job get you in so much bother. I can fly out of the country home to Ireland tomorrow and back in how many times I like.. so why send me home now? I was only going by instructions set out on that USIT website (the company that I paid everything to).. very misleading on their website.

crg

You can apply to enter the US and the US can admit or deny your entry. I wouldn't say that you can come and go as you please.

They admitted you for a specific approved purpose. You were authorized to do only what was authorized. By quitting the job and working without authorization you failed to comply with the terms of your admission and violated your status.

It's made clear to J-1 visitors that they can accept employment that is approved through their program. If the program approves it, the program administrator enters the change into the SEVIS system. If they can't approve that job change, they terminate you in SEVIS and report to the government that you are not in compliance with the terms of your admission.

You should have asked the entity that managed your program for permission prior to beginning work or leaving the job they arranged for you.

You had to have an idea that the cash job wasn't approved by the program.

starky

Am I missing something here? I came here for two summers on J1 visas when in college 6 years ago and had multiple jobs both times. Have the rules for J1's changed??
Were you working for the same company that sponsored your J1? Mine was sponsored by some exchange crowd, and then I had to get my own job when I got here, maybe the program does not work like that any more??

starky

Thats not true, I worked for many different companies on my J1. All I had to do was exactly as the OP did and update the new details after I had gotten another job.

OP- I think maybe because it was a cash job they had a problem with that??? i did exactly what you at least 4 times, although never for a cash job, and my J1 visa was fine.