# Complicated ESTA question



## sfindex (Oct 2, 2015)

Hi, I have a reasonably confusing situation I would like help on. I am currently working in the US on an expired Visa. This is totally legal, as all my other paper-work is up-to-date, but it means that if I leave the US I can't get back in without getting my Visa renewed in the local US Embassy.

This was all fine, as I wasn't intending to leave the US prior to leaving permanently when my current employment contract runs out. However, I now have to leave somewhat urgently. So my question is this: will I be able to get back into the US with an ESTA? The ESTA allows you 3 months for business or travel in the US, and since my contract runs out within the 3 months I would be leaving anyway before the time is up anyway. Would I be breaking any laws by doing this?

Please help. I want to fly out this evening, and would rather not have to spend a day in London getting my Visa renewed if I can at all help it.


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## Bellthorpe (Jun 23, 2013)

> Would I be breaking any laws by doing this?


Do you mean apart from the law you'd be breaking by working whilst visiting the US under the visa waiver programme?


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## twostep (Apr 3, 2008)

sfindex said:


> Hi, I have a reasonably confusing situation I would like help on. I am currently working in the US on an expired Visa. This is totally legal, as all my other paper-work is up-to-date, but it means that if I leave the US I can't get back in without getting my Visa renewed in the local US Embassy.
> 
> This was all fine, as I wasn't intending to leave the US prior to leaving permanently when my current employment contract runs out. However, I now have to leave somewhat urgently. So my question is this: will I be able to get back into the US with an ESTA? The ESTA allows you 3 months for business or travel in the US, and since my contract runs out within the 3 months I would be leaving anyway before the time is up anyway. Would I be breaking any laws by doing this?
> 
> Please help. I want to fly out this evening, and would rather not have to spend a day in London getting my Visa renewed if I can at all help it.


You expect answers without any information. Well, so let's guess. Working with an expired visa is generally considered illegal and has ramifications for employer and employee. Who knows what "other paperwork" is.

Would you be breaking any laws after leaving after working without current visa and returning under ESTA with the intent to work the reminder of a contract? Considering the inconvenience renewing an expired visa will cause (if it gets renewed).


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## Bellthorpe (Jun 23, 2013)

My guess is that the 'other paperwork' might be the OP's I-94, with a date past the expiry date of the visa.


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## sfindex (Oct 2, 2015)

twostep said:


> You expect answers without any information. Well, so let's guess. Working with an expired visa is generally considered illegal and has ramifications for employer and employee. Who knows what "other paperwork" is.
> 
> Would you be breaking any laws after leaving after working without current visa and returning under ESTA with the intent to work the reminder of a contract? Considering the inconvenience renewing an expired visa will cause (if it gets renewed).


Hey, thanks for your condescension! Was most helpful xx


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## sfindex (Oct 2, 2015)

Bellthorpe said:


> Do you mean apart from the law you'd be breaking by working whilst visiting the US under the visa waiver programme?


Wow, helpful people here. I asked a perfectly reasonable question, and I did so politely. By 'other paper-work' I meant my valid DS2019. All is legal and totally above-board and signed off by my employer, **** you very much.

Have a nice day, helpful people! xx


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## twostep (Apr 3, 2008)

sfindex said:


> Wow, helpful people here. I asked a perfectly reasonable question, and I did so politely. By 'other paper-work' I meant my valid DS2019. All is legal and totally above-board and signed off by my employer, **** you very much.
> 
> Have a nice day, helpful people! xx


What do you want to hear? As it is too inconvenient to deal with your visa come on in on ESTA, get your employer involved in immigration fraud, get yourself a return flight and a 10 year non entry? Fine with me. Sooner or later the posts about the "unfair treatment" will pop up.

You know where you stand as far as your legal emploument status is concerned.


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## sfindex (Oct 2, 2015)

twostep said:


> What do you want to hear? As it is too inconvenient to deal with your visa come on in on ESTA, get your employer involved in immigration fraud, get yourself a return flight and a 10 year non entry? Fine with me. Sooner or later the posts about the "unfair treatment" will pop up.
> 
> You know where you stand as far as your legal emploument status is concerned.


You really shouldn't be a moderator.


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## sfindex (Oct 2, 2015)

sfindex said:


> You really shouldn't be a moderator.


Here's what I would have liked to have heard (this may actually be useful!):

"Welcome, and thank you for your question! Unfortunately, 'business' does not mean the same as 'work' when it comes to the Visa Waiver Program. So in answer to your question, sorry but you will have to visit your local embassy to renew your visa."

I just found this info out from the helpful person that deals with visas at a local law firm, and hope it is of assistance to someone. But I shouldn't need to explain any of this to a moderator. Should I.


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## Bellthorpe (Jun 23, 2013)

If it's of any help, I believe that's the gist of what I said above. Some of us actually try to be helpful.


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## sfindex (Oct 2, 2015)

Bellthorpe said:


> If it's of any help, I believe that's the gist of what I said above. Some of us actually try to be helpful.


Yeah sorry. I rather flew off the handle at you and you didn't deserve it.


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## Crawford (Jan 23, 2011)

While the OP may not have a valid visa, the fact he has a valid I-94 and DS 2019 means he is "out of status."....... but not illegal.

As long as he can renew his visa while out of country then he will be eligible to return to US.


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## twostep (Apr 3, 2008)

Crawford said:


> While the OP may not have a valid visa, the fact he has a valid I-94 and DS 2019 means he is "out of status."....... but not illegal.
> 
> As long as he can renew his visa while out of country then he will be eligible to return to US.


Crawford please read his posts. The renewal is an inconvenience and he wants to use ESTA/VWP.


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## Crawford (Jan 23, 2011)

twostep said:


> Crawford please read his posts. The renewal is an inconvenience and he wants to use ESTA/VWP.


I read his posts...... I'm pointing out that his working while not having a valid visa is not illegal - as some others on this thread have pointed out.


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## sfindex (Oct 2, 2015)

twostep said:


> Crawford please read his posts. The renewal is an inconvenience and he wants to use ESTA/VWP.


What's wrong with wanting to avoid an inconvenience?


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## twostep (Apr 3, 2008)

Crawford said:


> I read his posts...... I'm pointing out that his working while not having a valid visa is not illegal - as some others on this thread have pointed out.


Then all those who stay between the books are being called by their villages?


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## Bellthorpe (Jun 23, 2013)

Sorry, I don't understand what this means. Can you have another go?


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## Davis1 (Feb 20, 2009)

seems like the OP was on a J visa ..


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## Stevesolar (Dec 21, 2012)

sfindex said:


> Here's what I would have liked to have heard (this may actually be useful!):
> 
> "Welcome, and thank you for your question! Unfortunately, 'business' does not mean the same as 'work' when it comes to the Visa Waiver Program. So in answer to your question, sorry but you will have to visit your local embassy to renew your visa."
> 
> I just found this info out from the helpful person that deals with visas at a local law firm, and hope it is of assistance to someone. But I shouldn't need to explain any of this to a moderator. Should I.


Hi,
For your information, the moderators on this forum are here to ensure members follow the rules and to keep out spammers and people advertising products and services - especially dodgy passports, fake IDs and a myriad of other illegal things.
The moderators are not here to specifically answer members questions - but when they do, they answer them as forum members.
Just because you don't like his answers - there is no need to criticize his position as a moderator.
To do so - is actually against forum rules.
Cheers
Steve


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## twostep (Apr 3, 2008)

Bellthorpe said:


> Sorry, I don't understand what this means. Can you have another go?


Ok - OT - every village has a very special person.


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