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I have an ESTA for the US that expires the end of July 2017. Last year, I was granted a one-year B1 visa for an extended stay, which expires at the end of June 2017. I will travel to the US on July 1 this year. Is my original ESTA still valid or did the granting of the B1 visa mean that it was made void? If it is void, can I apply for a new ESTA while still holding a B1 visa?

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  • Why would you apply for a B-1 if you are eligible for the VWP in the first place?
    – xuq01
    Commented May 16, 2017 at 21:28
  • Why not just apply for the new ESTA when you're about to come and the current visa has expired? With the current situation in the USA it is not advisable to travel here on ambiguous premise. You don't have to complicate things.
    – Augustine of Hippo
    Commented May 16, 2017 at 21:47
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    @xuq01 "for an extended stay": B visas allow longer stays, with the default period of initial admission being six months, and a possibility to apply for an extension. The VWP only allows stays of up to 90 days, with no option to extend.
    – phoog
    Commented May 16, 2017 at 23:02
  • Can You check your ESTA online and tell us what you find?
    – phoog
    Commented May 16, 2017 at 23:04
  • Check the status of your ESTA online, but I'd add that a visa or an ESTA is not a guarantee of admission and that both a B-1 visa and the Visa Waiver Program are for temporary visitors. If you're spending that much time in the US, especially if you're spending more time in the US than out, you could face more questioning from immigration as to whether you are a genuine visitor. You should be prepared to prove your intentions to return home on time and that you aren't doing anything like working illegally in the US in case you are questioned.
    – Zach Lipton
    Commented May 17, 2017 at 0:07

1 Answer 1

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There is nothing in either 8 USC §1187 or 8 CFR 217 that suggests your visa application will have invalidated your ESTA authorization. You can check your existing authorization to confirm this at https://esta.cbp.dhs.gov/esta/.

The ESTA page says you cannot apply for authorization if you hold a valid B visa, but they likely didn't consider the case of someone with an expiring visa, and it should be fine to apply for a new authorization before your current visa expires. (You cannot enter the US in the visa waiver program when you have a valid B visa, but because your planned trip is after the expiration of your visa, you aren't planning to do that.)

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  • Where do you see that holding a valid B visa disqualifies someone from entering under the VWP? (Not saying that it doesn't but I'd have expected that the US authorities would still be interested in getting the traveler to submit to the waiver-of-appeal-rights inherent in using the VWP).
    – hmakholm left over Monica
    Commented May 18, 2017 at 11:31
  • @HenningMakholm Hm, I don't see anything explicit other than a note on the ESTA page saying that applicants should not be in possession of a valid visitor visa. That of course contradicts what I wrote above (now edited). But mainly it's an appeal to logic: why would you waive a requirement for someone who meets the requirement?
    – phoog
    Commented May 18, 2017 at 13:41

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