USA - Going on exchange on a J-1 Visa, how to stay more than 30 days after end

[Mollie09 1,543]

 

3 minutes ago, SusieQQQ said:

You can certainly apply to change status within the US (form i539), but with everyone trying to game the system by doing this, it currently takes about 5 months to process. If you are denied at the end of it and you didn’t leave at the end of the original authorized stay, you count as having been in overstay as of that time. This pretty much kiboshes your chances of gettIng an ESTA /using VWP anytime soon again and means you will have to apply for future B visas in your country of passport only. Up to you to decide if a music festival is worth it.

if it were me, I’d leave for a nice trip of a few weeks doing some ecotourism in Costa Rica or Galapagos or something then renter for the festival on ESTA.

 

you also need to be careful about choosing the unsubstantiated advice you want to hear on the internet from someone in a different visa situation , vs someone who has actually posted what universities who deal in your visa type say on their websites.

 

The website mentions re-entering under a J-1, nothing about re-entering under another visa category, which is entirely different and feasible, and what I'm talking about.

[Mollie09 1,543]

22 minutes ago, NuestraUnion said:

 

Please  clarify how you changed your status. The poster has a 30 day leave commitment under his/her J1 program that may not be covered under going to Canada/Mexico. I posted an example above. It may be different than you situation.

 

Also, visas are issued outside the US.

 

In my first post I told you how you can change your status (marriage, student, or work). But that is not what you are trying to do. You want to remain in the US and change the J1 to a B2/ESTA.

 

Nobody talked about a visa being issued, he's talking about re-entering under ESTA.

Leaving the US, re-entering under a different status. No visa being issued, no "clock-resetting"

[Mollie09 1,543]

36 minutes ago, silversheltie said:

Thanks Mollie

Thanks Mollie, that's great news! Basically, I can't stay in the US if I want to see more of it? Seems silly to not be able to change in the country but that's US immigration for you.

You can try to do a COS, but I'd recommend going to Canada and re-entering. COS is tricky, takes too long, and can have consequences if rejected.

[Unlockable 7,306]

3 minutes ago, Mollie09 said:

 

Nobody talked about a visa being issued, he's talking about re-entering under ESTA.

Leaving the US, re-entering under a different status. No visa being issued, no "clock-resetting"

Yes. I understand. And I am with you on that.

 

The issue is that by going to Canada, the person on the J1 will not have satisfied leaving within the 30 day grace period commitment of the J1. Which is what they want to do. And if they don't leave by that time, they would essentially overstayed, thus making them ineligible for ESTA.

 

ETA: That is why SusieQQQ suggested leaving to another country beside Canada or Mexico to reenter.

Edited November 16, 2018 by NuestraUnion

[Mollie09 1,543]

4 minutes ago, NuestraUnion said:

Yes. I understand. And I am with you on that.

 

The issue is that by going to Canada, the person on the J1 will not have satisfied leaving within the 30 day grace period commitment of the J1. Which is what they want to do. And if they don't leave by that time, they would essentially overstayed, thus making them ineligible for ESTA.

 

ETA: That is why SusieQQQ suggested leaving to another country beside Canada or Mexico to reenter.

Leaving the US to anywhere will satisfy leaving the US within the 30-day period.

[Mollie09 1,543]

Since we're posting links to university pages: https://internationalcenter.umich.edu/scholars/j1-scholars/depart

 

Emphasis on the last paragraph.

[Unlockable 7,306]

1 minute ago, Mollie09 said:

Leaving the US to anywhere will satisfy leaving the US within the 30-day period.

 

3 minutes ago, Mollie09 said:

Since we're posting links to university pages: https://internationalcenter.umich.edu/scholars/j1-scholars/depart

 

Emphasis on the last paragraph.

I will have to dig deeper. This is a direct contradiction to the J1 school program I posted earlier.

 

J visas are tricky. Because many require strict return home.

[TM92 527]

2 hours ago, SusieQQQ said:

You can go a bit further than Canada or Mexico (like costa rica, or take a cheapie flight to iceland, etc) and return using VWP.

Just curious; would a trip to Saint Pierre and Miquelon suffice? Since its not "Canada, Mexico or the Caribbean Islands"

[SusieQQQ 11,584]

57 minutes ago, NuestraUnion said:

 

I will have to dig deeper. This is a direct contradiction to the J1 school program I posted earlier.

 

J visas are tricky. Because many require strict return home.

It’s not a contradiction, read it again.

“If your travel plans during the 30-day grace period include a visit to Canada and then a re-entry to the U.S. before returning home”

i read this as it’s ok as long as it all happens inside the 30 day period, reinforced by the wording of the paragraph above that. OP wants to extend it beyond the 30-day period.  That’s the difference, and the issue here.

 

12 minutes ago, TM92 said:

Just curious; would a trip to Saint Pierre and Miquelon suffice? Since its not "Canada, Mexico or the Caribbean Islands"

Sorry, you need to ask someone with better geographical knowledge than I ; I have no idea where this even is 😕

[Unlockable 7,306]

10 minutes ago, SusieQQQ said:

It’s not a contradiction, read it again.

“If your travel plans during the 30-day grace period include a visit to Canada and then a re-entry to the U.S. before returning home”

i read this as it’s ok as long as it all happens inside the 30 day period, reinforced by the wording of the paragraph above that. OP wants to extend it beyond the 30-day period.  That’s the difference, and the issue here.

 

Sorry, you need to ask someone with better geographical knowledge than I ; I have no idea where this even is 😕

Ah, yes. I see it now. Thanks. 

 

But yeah, the OP wants hang around outside of the allotted time, which is the issue.

[geowrian 22,336]

Yes you can leave the US under the J-1 and apply for re-entry via the VWP.

However, they may not let you back in. After that long of a stay in the US, the CBP officer may conclude that you are spending too much time in the US and deny entry.

Kinda risky IMO...don't want to be stranded.

Also, what is the flight plan? A return or onward ticket scheduled for after your permitted stay may raise some serious questions at POE.

Edited November 16, 2018 by geowrian

[Pennycat 880]

1 hour ago, TM92 said:

Just curious; would a trip to Saint Pierre and Miquelon suffice? Since its not "Canada, Mexico or the Caribbean Islands"

Hello, fellow geography lover! You piqued my curiosity so I looked it up. The rule actually says "Canada, Mexico or adjacent islands" (best source I can find on this is on US emabssy sites, but I thought this was CBP's realm but... anyway here's an example)  and then adjacent islands is defined in the INA as:
 

Quote

"The term "adjacent islands" includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea.  

 

[David & Diana R 1,005]

I can't believe what I am reading?!  It's a Blue Grass Festival.  They have them around the country every year.  For goodness sake.  Go home, save up some money and come back for another festival.  You're trying to jump through hoops here....IMHO it's insane.  BTW:  I love blue grass music too.  RIP Roy Clark

[A&H Rincon 11]

Don’t stress yourself. After your J1 finishes, travel to any country in the Caribbean (no Puerto Rico) for a week (cough.. cough.. The Dominican Republic is a great option). Enjoy the week off in a place with beautiful beaches and delicious food and then go back to the US using the visa waiver. 

[silversheltie 1]

 

13 hours ago, Mollie09 said:

Since we're posting links to university pages: https://internationalcenter.umich.edu/scholars/j1-scholars/depart

 

Emphasis on the last paragraph.

Reading this, it would follow that re-entering the US from Canada using the VWP (or a B-2) would give me 90 days as I am now a tourist. However, that can be to the officer's discretion. 

 

It's not that far-fetched of a scenario; if people want to visit Canada for a short trip after the exchange (ending their J-1 validity and the 30-day grace period by leaving the US), then how could they re-enter the US to fly back home?