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help! I have a 90-day-visa waiver and want to stay longer while applying for work!

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  • help! I have a 90-day-visa waiver and want to stay longer while applying for work!

    Hey

    I have read some rules already. I am within the 90-days and there is only 1 month to go! But I so love this country and its possibilities that some people got me in contact with working agents (though no sponsors yet). And I would so like to apply for work, though I KNOW I cannot to this without working permit, and that it is illegal without. I know. But, I am on the same time filling the forms for working permission, and I do not know if even that is allowed during the visa waiver? What I would like to try as an alternative, though maybe not preferable method, though, would be: What if I stayed in Canada for 1 week after the 90-days limit and came back? Would I then get another 90-day, if I already now started applying for yet a new ESTA-visa that comes AFTER my expired original which I am now travelling with? I would SO like to keep trying live in USA, and then working permit takes a while to get acception to use, and also applying for jobs takes a while to complete. I wonder if I could do "all on the same time", or if it would work ?

    thanks for quick answers!

  • #2
    Additional information

    I heard the visa waiver can also be used as business trips. Well, I`ve got my own portable design-company in my homecountry.. if that could be for any help for me, I could re-visit as a businesstrip if I got connections in the US? I wonder if it makes a difference if it is not totally for tourist/pleasure that you visit? I also got a friend`s address in the US where I ususally go when I am there

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    • #3
      I believe that officially you need to leave the North American continent within 90 days, but I might be wrong. In any case, it’s not as simple as you describe it. Going to Canada for a week would theoretically give you another 90 days, but the VWP is not meant for living in the US for an extended period of time. If you have spent nearly 90 days in the US and try to enter the US after a week in Canada in order to spend another 90 days in the US, you might not be let in. I would guess that CBP would take a closer look at your case to find out why you spend so much time in the US. There might be a rule saying that you can’t spend more than 180 days in a year in the US on the VWP, but other than that there is no official law regarding how much time or how many times you can enter the country before you are denied entry. Each case is different and CBP makes a decision based on our situation. If they suspect that you travel to the US for any other reason than tourism/business, your entry can be denied.

      I don’t know if it’s illegal to file for an EAD under VWP. Regardless, it won’t be approved. Being under VWP doesn’t make you eligible for an EAD.

      Regardless your reason to travel under VWP, you have to go through the passport control every time you enter the US. To occasionally travel as a tourist or being on a business trip is perfectly normal, but if they are more frequent than they should be or if you stay for an extended period of time each time, then you might have some explaining to do.

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      • #4
        Business-trips?

        Ok, but what does Business trip mean? If I travel for business purposes under the Visa Waiver? I can, if I got a job in my homecountry or in the US and then next time I try to explain them at the airport I will tell them about the business purpose instead? Would I need to document this business, and then get another additional 90-days? Thanks for answering

        Originally posted by wavedom View Post
        .

        Regardless your reason to travel under VWP, you have to go through the passport control every time you enter the US. To occasionally travel as a tourist or being on a business trip is perfectly normal, but if they are more frequent than they should be or if you stay for an extended period of time each time, then you might have some explaining to do.

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        • #5
          What I mean is that there are two valid reasons for traveling on the VWP, and those are tourism and business. If you occasionally travel to the US, it’s considered to be quite normal and you probably won’t have any issues at the border. But if the CBP notices that you spend more time in the US than what’s reasonable, they might suspect that you’re doing something else than being on a tourist or business trip (working illegally etc.). Just because you go on a business trip doesn’t mean that you will automatically be let in if you just had a 90 day vacation in the US. Wouldn’t you consider it a bit strange to spend 90 days as a tourist and then come back after a week for a 90 days business trip? The purpose with the VWP is to allow people to occasionally travel to the US without applying for a visa. It is not meant for living in the US.

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          • #6
            My plan for now

            Hey

            A little about myself im 24 from Australia. Male, ready to tackle the world just got back from Europe.

            So basically me and two of my music friends in the industry invited me to come with them to USA to meet some promoters and help out with some events. Basically ill have to find my own way and I was told the ESTA visa was the best. Im thinking, can I go to the USA on a ESTA and work in Canada for 4 months then come back? That way I can save up more cash and can come back into US with out it looking suspicious. In the end My goal is to build connections and business there, plus I really do want to add to America in any way I can so im sure they will love me coming in right? but at the start ill be only stepping in the water. Can I apply for a Canadian work visa and the US ESTA? and then just work in Canada and come back to US if I get sponsored by a company? That is my plan and im certain it will work. There would also be companies with headwaters or offices in Canada as well right? Just a thought. Im sure it will work. Like really if I et kicked out of US im sire Canada wont be a drag lol. After all there are part of the commonwealth as is Australia and they always help as well. What do you think? Hope I haven't made it to complicated for you all. Makes sense?


            All the best

            Matt

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