I have an H2B visa valid till November, but I`m going to break my contract with my company before. They say I have to leave USA inmediatly but I want to stay for a couple weeks on vacations.
I want to ask for an ESTA without leaving the country.
No you can not ask for ESTA while in the US.
You can apply for a change-of-status to a B-2 visitor/tourist status.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are 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.
If you plan to leave and return, then ESTA can be filed while outside the US. If you desire to remain in the US to visit, rather than work on H2B, then you may file a request to change status to B2 on form I539 with appropriate fee and documentation.
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