Help! From G4 to ESTA and (possibly) back to G4

[greekgoddess 0]

I came to the US on a G4 visa that is valid for a year. My current job contract is however for 3 months. The regulations dictate I need to leave USA immediately on the next day after my contract ends. What I would like to do though is take some time off to visit my friends in the USA before heading back to the UK (I am a British citizen). 

 

My approach would be then to exit the US a few days before the contract expires, go to Canada or Mexico for a week , apply for ESTA and re-enter the US on ESTA. 

 

I have a few questions:

 

1) has anyone done this before and was able to get through customs without trouble?

 

2) can I just be completely honest with the immigration officer if he asks me about my situation (3month contract in the US, travelling plans before returning to Europe)?

 

3) what if the international organization i worked for offers me another short term contract while I am travelling and wants me back? Can I just start working again if I still have a valid G4 visa?

 

Note. The G4 visa never gets cancelled but it is only valid with a valid job contract. 

 

Also just to let you know that I previously was on F1 visa for 2.5 years in the US and now on G4 but I never broke the law in any way. Any reason for having trouble this time around?

 

Your input is valuable. Thank you!

 

 

 

 

 

 

 

[Roel 7,193]

I'm not a specialist in this matter but I'm 99% sure your plan won't work and you simply won't be allowed to enter on ESTA.. 

[greekgoddess 0]

14 minutes ago, Roel said:

I'm not a specialist in this matter but I'm 99% sure your plan won't work and you simply won't be allowed to enter on ESTA.. 

Thanks for your reply.

What do you think is wrong with the plan since I do not intend to (or even can) work without a contract?

[JFH 12,195]

*~*~*moved from "adjustment of status" to "tourist visas" as OP is not adjusting*~*~*

[JFH 12,195]

I don't see a problem with exiting once the job is complete and re-entering on the VWP. Unless the G-4 specifically requires you to be out of the country for a certain period of time or that you must return to the U.K. I don't believe it does. However, you still have to overcome the assumption by the CBP officer that you are an intending immigrant. This is something every non-resident must overcome at the border and entry is not guaranteed to anyone except USCs. Having been out of the U.K. for a considerable time, what ties do you have that you can demonstrate to the CBP officer? Just something to think about...

 

Even though you cannot work on the VWP (and I believe you that you wouldn't even dream of doing anything illegal like that which could jeopardize your career and your chances of being able to come back here), the CBP officer doesn't know you from a bar of soap. Take a look here at the numerous threads from people who arrived on the VWP and "changed their mind" about going home. All of them successfully convinced CBP that they wouldn't overstay, that they would return on time (or they would never have been admitted). The CBP officer's view is "if they did it, who's to say you won't?". Unfortunately CBP don't judge you on what you tell them you're going to do, but on what they think you're going to do based on statistics. 

Edited May 27, 2018 by JFH

[SusieQQQ 11,588]

Normally the Canada /Mexico option doesn’t work to reset visas /change authorization for re-entry. I’m not sure if there is a special provision for G4 visas?

[greekgoddess 0]

1 minute ago, JFH said:

I don't see a problem with exiting once the job is complete and re-entering on the VWP. Unless the G-4 specifically requires you to be out of the country for a certain period of time or that you must return to the U.K. I don't believe it does. However, you still gave up overcome the assumption by the CBP officer that you are an intending immigrant. This us something every non-resident must overcome at the border and entry is not guaranteed to anyone except USCs. Having been out of the U.K. for a considerable time, what ties do you have that you can demonstrate to the CBP officer? Just something to think about...

 

Even though you cannot work on the VWP (and I believe you that you wouldn't even dream of doing anything illegal like that which could jeopardize your career and your chances of being able to come back here), the CBP officer doesn't know you from a bar of soap. Take a look here at the numerous threads from people who arrived on the VWP and "changed their mind" about going home. All of them successfully convinced CBP that they wouldn't overstay, that they would return on time (or they would never have been admitted). The CBP officer's view is "if they did it, who's to say you won't?". Unfortunately CBP don't judge you on what you tell them you're going to do, but on what they think you're going to do based on statistics. 

Thanks, this is really useful - and I can understand the concerns you raised. 

 

 I left the UK on 23rd March this year, and this may not be a considerable time, I believe. 

 

As I mentioned, I had an F1 visa before and lived in the US for 2.5 years until my master's program ended. I then left the country within the legal grace period and did not return until I received the contract on G4. If the CBP officer looks at my record, there is absolutely nothing there to indicate that I intend to stay as an illegal immigrant in this country (why would I if I can get a respectable job back home??) ; 

 

The approach I am considering now - exit and return on ESTA - has to do with the strict regulations of the G4 visa. Accordingly, I need to leave the country immediately once the contract ends. As by then I will have been in the country for 3 months but could never time off to travel to another state, I would like to do that at the end of the contract which seems sensible to me. And it would be too expensive to first head back to the UK and then book another international return flight. 

 

 

[greekgoddess 0]

3 minutes ago, SusieQQQ said:

Normally the Canada /Mexico option doesn’t work to reset visas /change authorization for re-entry. I’m not sure if there is a special provision for G4 visas?

My G4 visa will continue to be active for a year. However, it can only be valid with a valid contract. 

So I am not looking to re-set it . Just re-entering the country on ESTA to be able to spend a few additional weeks travelling once my contract ends. 

[JFH 12,195]

51 minutes ago, greekgoddess said:

If the CBP officer looks at my record, there is absolutely nothing there to indicate that I intend to stay as an illegal immigrant in this country (why would I if I can get a respectable job back home??) ; 

 

 

I agree with you but that's not how CBP see it. Even people with no economic advantage in coming here overstay. I often thought that too when I was coming to visit my husband here before I immigrated. I visited him over 40 times (I am fortunate that I work for an airline and was able to travel here so much). I had a very good job in the U.K., my own home, etc. why would I overstay, lose my job, be unable to work, have no status, throw away everything I'd worked for just to stay here? But people do. And because they do, they will immediately assume you are capable of that too. A good job means nothing to CBP, unfortunately. 

 

Now, your travel record is good, as was mine, and you have complied with all of the conditions of your previous entries, as did I. I was never refused entry, but I was given an intense grilling once. 

[Boiler 47,673]

File a change of status to a B? You will have left before you get a response.

[SusieQQQ 11,588]

3 hours ago, greekgoddess said:

My G4 visa will continue to be active for a year. However, it can only be valid with a valid contract. 

So I am not looking to re-set it . Just re-entering the country on ESTA to be able to spend a few additional weeks travelling once my contract ends. 

And usually what you need to do in a case like this for any other visa is go somewhere that is not Canada, Mexico, or a Caribbean island to do what you want to do. So again, unless there is something special about a G4 that allows you to view a contiguous nation as an exit (not allowed for other visas), it won’t  work

[Boiler 47,673]

2 hours ago, SusieQQQ said:

And usually what you need to do in a case like this for any other visa is go somewhere that is not Canada, Mexico, or a Caribbean island to do what you want to do. So again, unless there is something special about a G4 that allows you to view a contiguous nation as an exit (not allowed for other visas), it won’t  work

 

Flagpoling is a bit different, here is looking to enter in a different status, still think CoS would be simpler and less risky.

 

 

 

 

 

 

 

 

 

[greekgoddess 0]

Thanks for your replies!

I will be looking into a change of status to a B visa so that I won't need to leave the country. I still have a month left to do this and I hope it will work. 

[SusieQQQ 11,588]

3 hours ago, Boiler said:

 

Flagpoling is a bit different, here is looking to enter in a different status, still think CoS would be simpler and less risky.

 

 

 

 

 

 

 

 

 

Person looking to change from J visa to ESTA by doing same thing was advised against it by others here recently?