US Work Visa expires but can I stay on an ESTA?

I am from Ireland. I have a US Work Visa (P1) which expires on 26th Nov 2019. After my work has finished, I was hoping to stay in the US until 28th November 2019 to visit friends. I have applied for an ESTA. Will this transition from my Work Visa to the ESTA be ok?

4 Answers

Relevance
  • 4 weeks ago
    Best answer

    Nope.

    You'll have to file an I-539 with the USCIS, asking to extent another 90 days.

    While the petition is being adjudicated, you're in a twilightzone, meaning you'll be untouchable. If they decide against it, which is unlikely, you'll have to leave at once. If it's being approved, which will take months, you're okay.

    Source(s): An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California.
    • Brian M4 weeks agoReport

      It $370 to file for a P-1 visa extension ... which is quite expensive ...

  • 4 weeks ago

    No way! You must depart the US by 26th Nov. Registering for ESTA could allow you to return as a tourist, but does not allow you to remain following expiration of a visa. You'll have to do your visiting before 26 Nov. & depart US.

    • Brian M4 weeks agoReport

      I fly from Detroit on 23rd Nov. Would I be able to leave the USA to Canada, and then reenter again on the ESTA that way?

  • Maxi
    Lv 7
    4 weeks ago

    A visa any visa or ESTA means you have to ENTER the country using that visa......... you are better to ask at your consulate than get banned from over staying the visa you have and using the ESTA incorrectly

  • 4 weeks ago

    It doesn't transition - you need to leave and re-enter

Still have questions? Get answers by asking now.