QUESTION

Hi I have a question regarding ESTA and H1B. I was in the US for more than a year using my J1 visa as scholar not subject to te bar residence requirem

Asked on Aug 22nd, 2015 on Immigration - New York
More details to this question:
After my grace period i was offered a job by a school which is willing to sponsor me..However I had to leave the US when my grace period was over. I am coming back using the ESTA to visit some friends. If the school wants to hire, should I leave the country to get an H1b visa?if the file the petition now that I am overseas can I come with the ESTA and then leave again?
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1 ANSWER

Immigration and Naturalization Attorney serving New York, NY at The Law Offices of Grinberg & Segal, PLLC
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You cannot change status while on Visa WAiver Program in the USA. You do not have visa.  You are waived into the USA without one in exchange for signing ESTA which is both a preapproval of entry and waiver of your rights to removal proceedings and status change. 
Answered on Aug 25th, 2015 at 1:17 PM

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