ESTA visa - i94 about to expire but in process of applying for 01

[Tinka88Belle 0]

Hi, I'm British and came to the US on a sabbatical from life in the UK to travel. I have an ESTA (waiver program) which allows 90 days of travel and also got my i94 stamped upon arrival. Having been here for the past few weeks I really want to stay in the USA and based on my work in the UK in film & entertainment qualify for an O1 VISA. I am now in the process of gathering my ref letters etc.

My i94 and 90 days are up next week however and I wanted to know what could be done to extend my stay whilst this is being filed and hopefully approved?

[Transborderwife 4,666]

Esta cannot be extended

You must return home to get the visa: An alien subject to 212(e) 2-year residence requirement is eligible for O-1 classification. They are not eligible for a change of staus within the U.S.; they will have to apply for the visa abroad and re-enter the U.S. in O-1 status.

http://www.whoi.edu/HR/page.do?pid=21119

[Owen_London 65]

Nothing, I'm afraid.

https://help.cbp.gov/app/answers/detail/a_id/1024/~/how-to-extend-my-visa-waiver-program-stay-in-the-u.s.-if-there-is-an-emergency

Satisfactory departure is only granted for real emergencies, such as hospitalization, conditions that cause flights to be cancelled or delayed for more than 24 hours (i.e. weather, worker strikes, etc. etc.) Otherwise, people visiting under the VWP may not extend their period of stay beyond their initial 90 days.

Edited November 25, 2014 by Owen_London

[icv21 110]

ESTA is a visa waiver.. That means you CANT get any visa inside the country and change your status. It's one of the rules.

You have to go back to the UK and ask for a visa there

[Tinka88Belle 0]

Thanks guys!!! Appreciate it.