Can I change VWP status by going to Canada
I entered USA on VWP. I have a H1b but it will only starts in a few weeks. Can I go to Canada and change status (I am EU citizen)?
Best Answer
Yes, you can.
When re-entering the US just make sure that they are aware that you have a visa and are entering using that rather than the VWP. (Now that there are no longer I94 forms when entering by air, it's worth mentioning this every time you pass through immigration - especially given that you likely also have an active ESTA)
Presuming you are planning to travel from Canada to the US via air, keep in mind that you will pass through immigration in Canada before boarding your flight. Although a first entry on a H1B should be quick and relatively painless, it would be worth making sure that you arrive at the airport with extra time just in case there are any problems.
I have done this myself in the past, although in my case it was moving from one visa to another, not from VWP - but the process is the same.
Note that an Adjustment of Status (AOS) as mentioned in one of the comments is NOT an option in your case for a number of reason - the most important two being that an AOS can take months to occur, and even when it does occur you will not have an I94 which will mean that your employer will have difficulty confirming your legal status.
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Can you adjust status on VWP?
Under the statute, a Visa Waiver Program entrant \u2014 here defined as an alien whose last admission was under the Visa Waiver Program \u2014 is ineligible for adjustment of status unless he or she is seeking adjustment of status on the basis of being the immediate relative of a U.S. citizen.Is Canada part of the VWP?
Permanent residents (landed immigrants) of Canada must have a nonimmigrant visa unless the permanent resident is a national of a country that participates in the Visa Waiver Program (VWP), meets the VWP requirements, and is seeking to enter the United States for 90 days or less under that program.Can I change my F-1 visa status?
In general, you may apply to change your nonimmigrant status while remaining in the United States if: You were lawfully admitted to the United States in a nonimmigrant status; Your nonimmigrant status remains valid; You have not violated the conditions of your status; and.Does going to Canada reset ESTA?
Where must you travel to in order to before returning on an ESTA to get a new 90 days? You must leave the whole North American region completely to reset this. You can't just pop to Canada or Mexico to try and reset the 90-day counter.Changing Status in Canada from Tourist to Other - 2019
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