URGENT - How long to wait outside the country between F1 and tourist

[Nelchior 0]

Hi everyone!!

I have been in the U.S for three years now. I arrived here as a tourist, looked for an internship, found one, came back to France to grab my J1, then i studied here at the end of my internship (and therefore went back to France to grab a F1)

Now My OPT grace period expire this Sunday (which leads me to another question (1): my last day of OPT/EAD was February 22. Does the grace period start the next day? Also, if I leave on the 60th day, I will arrive in France and pass the customs technically on the 61th day. is that possible)

(2) I wanted to know how long I have to wait outside the U.S before I can come back. I have a few things to do here (emptying my apt, attending to an important dentist surgery operation, etc).

I have been told two weeks, while some other people told me three months. Of course I would like to come back as soon as possible.

Also, last question: Should I come under a regular tourist visa ( and therefore just register on the ESTA website) or should I try to get a B1/B2 ?

Thank you so much for your time!

G.

[jkb11 26]

France is among the VWP countries so you don't need to apply for a visa to travel. If you get a visa, you don't need ESTA. As long as you have not overstayed/violated your status in the U.S., you can use VWP to apply for admission at the POE.

The decision to let you in on VWP is at the discretion of the CBP officer at the POE. You will probably have to provide some explanation as of why do you want to return so fast as a tourist. If I were you, I would probably spend those extra bucks and try getting a B2 visa to ensure that the CO has nothing against you returning to the U.S. so early. Better to be rejected in your home country than at the border. But that's just my opinion

As I understand, the grace period exists for what you want to do after returning instead - empty the apartment, etc. You might be asked why didn't you take care of that business while it lasted. On the other hand, having a medical appointment (dentist surgery) might be something helpful, but then, why not attend it at home?

On a side note, why didn't you ever apply for change of status with uscis, instead of returning home, applying for a visa, etc?

Cheers!

[Nelchior 0]

Hi Jkb1

What change of status are you referring to?

And can I be here illegaly while my status is pending, IF I try to change status ?

Also, Don't you think it would be hard for me to get a B1/B2 if I explain that I just want to come here to clean my apt, sell my things, etc? Wouldn't that sound fishy?

Concerning the excuses, well, I misunderstood the whole grace period thing, because my F1 actually expires way later than my OPT. I also have a promise of employment for a job that I start in September, and finally, That dentist appointment thing.

I am supposed to leave today, do you think I still have time to change status ?

Thank you so much for your time.

G.

[jkb11 26]

It is too late for you to change status. As far as I am concerned, you are allowed to change status at least 45 days before your current status expiration.

I can't help you with estimating your chances of getting a B2, but I'd be honest both in the embassy and at the border. You have never shown an immigrant intent, you already got 2 visas before, so that might speak in your favor.

Is the job you start in September for a French employer? You might want to acquire a letter of confirmation for safer border crossing (or B2 if you decide to go get it). Same if you get a written confirmation of your dentist appointment.

Again, there is absolutely no time for you to change status right now.

Cheers!

[Nelchior 0]

Thank you.

Do you know if I should wait a month before I try to come back, or if just a couple weeks is fine? I would like to be back - and empty my apt - as fast as possible.

[Harpa Timsah 13,258]

Wait, you have a job in the US is September? Why isn't it starting now? You want to leave, come immediately back, stay for 3 months, then change to a work visa for your job?

You were also the person who was trying to marry for a Greencard even though you weren't "ready" to live together.

Why haven't you cleaned out your apartment yet? You should have done that before. Furthermore, what are you planning to do with your furniture?

What are you actually trying to achieve here?

[Nelchior 0]

Yeah, we considered doing that and thought it wouldn't be the best solution. What I am trying to achieve is none of your concern, especially when you employ that tone.

I need more time to sell things like TV, PC, etc. Just need to know how long I d have to wait outside the U.S before I can come back as tourist.

I wasn't misled concerning my OPT/Grace period, and found out two weeks ago that I was supposed to leave at the end of the grace period, not at the date that is on my F1 visa (expiring in 2013)

So. Concerning that I have been on a J1 and F1, I want to know if coming back here in two weeks would be possible

[Harpa Timsah 13,258]

I am asking those questions to try to figure out what your goal is to get at the root of the issue, not because I care or think it's my business.

No, I don't think coming back in 2 weeks on a tourist visa will "work." You plan to stay the full three months on the VWP, and then what? Go away and come back a second time?

Is your September job in the US? Why isn't it starting now?

[Nelchior 0]

Sorry if I misinterpreted your words

My job will be in France, not in the U.S. Just need to come here to clean up/sell/send back my things.

So you think coming back in just a couple weeks as a tourist won t work? I mean i ll be at the airport with a promise of employment, and I ll explain that I just want to do those things.. Should I try to get a B1/B2 instead?

[jkb11 26]

Noone will tell you if the CBP lets you in when you appear at the border. You have to try. With a B2 you will have a better chance for sure since you'd be pre-approved by the embassy.

Cheers.