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I have been terminated on my H1B in november 16th. Stayed till December 17th looking to go back on esta january 17th.

Boston, MA |

H1B visa is still valid till September 2015. WIll this have any problems if I go back on ESTA? I ideally want to go back for another month to look for a job otherwise I will have 3 months to pack up and move out. Please advise if I will have any issues going back on ESTA?

Attorney Answers 3

  1. The date your employment terminated your status terminated. Your ESTA is not a determination on admissibility. 8 U.S.C. 1187(h)(3)(C). Your VWP attempted entrance is in B1/B2 status. INA 217. You must have the intent to depart and not to violate the terms of that status. You must overcome the presumption of immigrant intent which includes an entry for the purpose of seeking employment. Your plan is not a great idea.

  2. All I can say is that you can 'try' to get into the US ... there is no guarantee.

    Have better proof of your plans to 'pack-up and move-out' than job hunting when you enter.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. When you come with you ESTA you need to prove non-immigrant intent. Saying that you are comming to look for a job could affect your non-immigrant intent before CBP officers. If you are just coming to wind up things here you should be ok.

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